The Supreme Court found this action unacceptable and made it clear that the tribunal had no authority to review its own findings unless there is a specific legal provision allowing such a review.
NEW DELHI: The Supreme Court of India made it clear that a Foreigners Tribunal does not have the power to review its own decisions. The case involved a woman from Assam, Rejia Khatun, who had already been declared an Indian citizen by a Foreigners Tribunal.
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However, a fresh reference was made in 2019, leading to a second contradictory order. The Supreme Court set aside this review order and also struck down the Gauhati High Court ruling that had upheld it.
A bench comprising Justices Abhay S Oka and Ujjal Bhuyan ruled that once a Foreigners Tribunal has made a decision, it cannot reconsider its own judgment. The only available remedy is to approach a higher court.
The Supreme Court stated “The High Court has missed the real issue. The real issue was whether the tribunal could have reopened the case by recording a finding that it can scrutinize the findings recorded by the same tribunal in an earlier judgment which had become final. As the tribunal was powerless to do it, only on that ground, we set aside the impugned judgment of the High Court as well as the impugned order dated 24th December, 2019 in F.T. Case No.2854/2012.”
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Background
The case revolved around two contradictory orders from the Foreigners Tribunal regarding Rejia Khatun’s citizenship. In 2018, the tribunal ruled that she was not a foreigner after evaluating oral and documentary evidence. The Assam government was part of the proceedings and did not challenge this decision.
However, in 2019, another reference was made, and the tribunal re-examined the same issue. It scrutinized the documents again, reopened the case, and asked Rejia Khatun to submit a written statement.
The Supreme Court found this action unacceptable and made it clear that the tribunal had no authority to review its own findings unless there is a specific legal provision allowing such a review.
The Court noted that neither the Assam government nor the Central government had appealed against the 2018 ruling. Despite this, the tribunal initiated fresh proceedings on the same matter.
The Supreme Court strongly criticized this approach, stating
“The order indicates that the tribunal wants to sit over in an appeal against its own concluded judgment and order. Such power can never be exercised by the tribunal. The remedy of the State government or for that matter the Central government was to challenge the order dated 15th February, 2018.”
The Supreme Court allowed the appeal, quashing both the tribunal’s second order from December 24, 2019, and the Gauhati High Court’s ruling that had upheld it. The Court further clarified that its judgment does not provide an opportunity for the State or Union government to challenge the 2018 order at this stage.
It clearly stated “This observation made today in February, 2025 does not mean that now it is open for the State or Union of India to challenge the first order dated 15th February, 2018.”
[Case Title: Rejia Khatun @ Rezia Khatun v. Union of India & Ors.]
