The court docket was coping with a batch of writ petitions in regards to the query of the applicability of the precept of res judicata within the continuing earlier than Foreigners Tribunal
Once a person has been deemed a citizen of India by a Foreigners’ Tribunal (FT), that particular person can’t be declared a non-Indian if they’re subsequently introduced earlier than the tribunal a second time, a Gauhati excessive court docket bench has opined, in response to LiveLaw.
A Bench of Justice N Kotiswar Singh and Justice Nani Tagia has asserted that if an individual has been declared to be an Indian citizen in earlier proceedings, then, in any subsequent proceedings he/she can’t be declared to be a foreigner, because the precept of res judicata applies in such instances.
Res judicata is a precept of legislation that states that after a ultimate resolution has been given by a reliable court docket on a matter between the identical events, the identical shall be binding, and similar events and the identical points, can’t be put to litigation once more.
The court docket was coping with a batch of writ petitions in regards to the query of the applicability of the precept of res judicata within the continuing earlier than Foreigners Tribunal.
Why did the Bench come to this conclusion?
The Bench mentioned the High Court’s resolution within the case of Amina Khatoon Vs. Union of India, (2018), that had held that res judicata is just not relevant within the continuing earlier than the Foreigners Tribunal, is just not good legislation in view of the Supreme Court’s resolution within the case of Abdul Kuddus, in response to LiveLaw.
In the Abdul Kuddus case, it was held by the Supreme Court that if there had been an order by the Foreigners Tribunal in favor of an individual figuring out the citizenship, the mentioned resolution can be binding on subsequent proceedings towards the identical individual and there can’t be one other continuing to re-determine the citizenship of the individual, by making use of the precept of res judicata.
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