Keeping Pace with Legal Change
Over six months, India identified and deported 770 Bangladeshi migrants from Delhi under the Foreigners Act and Passport Act. Coordinated verification, FRRO reviews, and airlifts to India’s east enabled this large-scale repatriation amid security and legal challenges with procedural hurdles.
The Supreme Court’s verdict on Rofiqul Hoque’s citizenship case clarifies the burden of proof under Section 9 of the Foreigners Act, 1946. The Court ruled that authorities cannot arbitrarily label individuals as foreigners without primary evidence, emphasizing natural justice and the principle of audi alteram partem. Hoque, initially declared a foreigner by Assam’s Foreigners Tribunal due to documentary discrepancies, had his citizenship restored. The decision critiques random suspicions and reinforces procedural fairness, impacting citizenship disputes amid Assam’s NRC exercise. It alleviates concerns over minor errors in documentation.
