FTs, which are quasi-judicial in nature, decide the fate of persons suspected of being illegal immigrants. The 1964 Foreigners Order empowers FTs to comment only on whether a person is a foreigner or an Indian citizen.
On September 4, the Deputy Undersecretary of Assam’s political department, Parijat Bhuyan, in a communication, on the subject “Consequent orders”, requested members of the FT to adhere to the views of the judicial department when issuing an opinion.
“In the performance evaluation exercise carried out by the state judicial department based on randomly selected samples of opinions issued by members of the immigration courts, the judicial department has taken seriously the disappearance of consequent instructions / orders from members while opinions are issued, ”said the undersecretary.
Bhuyan mentioned that “he noted that the consequent order of removal of names from the voter list, arrest and detention of declared foreigners was passed. This may not be necessary. ” The judicial department also stated that “it took note that the consequent order of deportation, etc., was approved. of declared foreigners. This may not be the correct approach. ”
“The Immigration Courts are empowered to issue an opinion only with respect to the person whose case is referred. From then on, it is up to the government to take the necessary measures. But the FTs used to issue warrants for arrest, detention, removal of names from the voters list, cancellation of ration cards, etc. These orders are going beyond the jurisdiction and are illegal, ”a defender of Gauhati HC told TOI.