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2019 (5) TMI 1856 - SC - Indian LawsCitizenship status of persons residing in the State of Assam - detection and deportation of illegal migrants - HELD THAT:- Summary opinion of the Foreigners Tribunal, it is submitted, is not a detailed order and hence, is not a decision or judgment. Based on the said submission, it is argued that the opinion formed by the Foreigners Tribunal is not an order of the Competent Authority for the purposes of sub-para (2) to paragraph 3 of the Schedule to the 2003 Rules. Further, the opinion formed by the Foreigners Tribunal being an executive order would not operate as res judicata. It is highlighted that in some cases, persons who have been declared to be a foreigner under the Foreigners Act have been included in the draft National Register of Citizens for the State of Assam, while in others siblings and close blood relations of such persons have been named in the draft National Register of Citizens. It is averred that in these cases of contradictions, an aggrieved person should be entitled to take recourse to paragraph 8 of the Schedule to the 2003 Rules. The Foreigners Act and the Citizenship Act including the Rules framed under the two Acts have to be read harmoniously as both the Acts are inter-related and sister enactments. Pertinently, the Rules framed under the Citizenship Act are subordinate legislation. The expression Competent Authority used in sub-para (2) to paragraph 3 of the Schedule to the 2003 Rules would obviously and without a doubt has reference to the duly constituted authority under the Foreigners Act - On receipt of such reference, the Tribunal has to submit its opinion/decision, which opinion/decision in terms of Explanation to Section 6A of the Citizenship Act is final and binding. Decisions of the Tribunal have been given primacy. Thus, the Competent Authority referred to in sub-para (2) to paragraph 3 of the Schedule would be, without a doubt, the Tribunal constituted under the Foreigners Act i.e. the 1964 Order. The opinion/order of the Tribunal, or the order passed by the Registering Authority based upon the opinion of the Foreigners Tribunal, as the case may be, can be challenged by way of writ proceedings. Thus, it would be incorrect to hold that the opinion of the Foreigners Tribunal and/or the consequential order passed by the Registering Authority would not operate as res judicata. Both the opinion of the Tribunal and the Order of the Registering Authority result in determination of rights/status under the statute and by an authority after a contest on the merits which would necessarily operate as a bar to subsequent proceedings before the same authority for re-determination of the same issue/question - Merely because the trial is summary in nature cannot be a ground to reject it as unjust or unfair. Further, it was held in RAJESH KUMAR AND OTHERS VERSUS DEPUTY COMMISSIONER OF INCOME-TAX AND OTHERS [2006 (11) TMI 135 - SUPREME COURT] that when civil or evil consequences ensue by reason of an act done by the statutory authority, principles of natural justice must be followed. The Act and power of judicial review vested with the constitutional courts provide sufficient safeguards, in the present context. The contention of the Appellants on the perceived conflict pertaining to the adjudication on the citizenship status of persons is rejected - appeal disposed off.
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