Person Declared an Indian Once Cannot Be Declared a Foreigner Later: Gauhati HC

The bench said that the opinion of the tribunal with regard to citizenship would be considered 'res judicata.'

A Foreigners' Tribunal bench of the Gauhati High Court said that once the tribunal declares a person to be an Indian, the same person cannot be declared a foreigner if they are brought before the court a second time.

This gains prominence amid notices being sent to several people in Assam who had been declared Indians before, and were asked to prove their nationality twice or more.

While arguing the case, the government had said that the power to identify and deport foreigners rests with the central government under Section 3 of the Foreigners Act, 1946, as per NDTV.

The Centre delegates the power to the Superintendents of Police (SPs) while managing deportations of foreigners. As per the Foreigners (Tribunals) Order, 1964, the SPs only seek the Foreigners' Tribunals' opinion and make the final decision.