In a significant judgment, the Supreme Court of India ruled that initiating a second Foreigners Tribunal case against a person already declared an Indian citizen amounts to abuse of the legal process. The Court quashed the proceedings initiated against Tarabhanu Khatoon @ Tarabhanu Bibi, stating that such a step was barred by the principle of res judicata.
A bench of Justice Manoj Misra and Justice K.V. Viswanathan held:
“So long the earlier order stands, it is not open to initiate fresh proceedings as the same would be hit by principles of res judicata as held by this Court in Abdul Kuddus... the subsequent proceedings were nothing but an abuse of the process of law.”
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Background of the Case
In 2016, Tarabhanu Khatoon was accused of entering Assam after 25 March 1971, the cut-off date for identifying illegal immigrants under the Foreigners Act, 1946. The case was heard by the Foreigners Tribunal, Nalbari at Mukalmua, and on 31 August 2016, the Tribunal gave a clear verdict: she was not a foreigner.
The Tribunal found the appellant's evidence credible. She presented oral and documentary proof showing her parents were Indian citizens, with names in the 1966 and 1970 voter lists. She also proved she had been married to an Indian citizen since 1979 and had voted since 1985. Notably, the State failed to present any witnesses.
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The Tribunal stated that she had successfully discharged the burden of proof under Section 9 of the Foreigners Act and confirmed her Indian citizenship.
Shockingly, despite the 2016 decision, another notice was served on 15 December 2018, asking her again to prove her citizenship. This led to the registration of a fresh case in 2018. Tarabhanu challenged this through a writ petition before the Gauhati High Court.
The High Court acknowledged the earlier decision but refused to quash the fresh proceedings. It only said that she could raise all pleas before the Tribunal again. This decision forced the appellant to approach the Supreme Court.
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Senior Advocate P.V. Surendranath, representing the appellant, argued that once a person is declared not to be a foreigner and the order has reached finality, reopening the same issue is illegal. He relied on the apex court's previous ruling in Abdul Kuddus v. Union of India, which held that Foreigners Tribunal findings have binding legal effect and are subject to res judicata.
Advocate Debojit Borkakati, for the State of Assam, argued that the previous Tribunal order was cryptic and poorly reasoned, and thus not binding.
However, the Supreme Court rejected this argument outright:
“Once it is not in dispute that on a previous reference the Tribunal… found the appellant not a foreigner… the only course available for the respondent was either to challenge the order before the High Court or seek its recall… As no provision for review exists… it is not open to initiate fresh proceedings.”
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The Court stressed that since the State neither appealed nor sought a review of the earlier order, initiating a second case was legally unsustainable.
The Supreme Court allowed the appeal and quashed the fresh Foreigners Tribunal case registered in 2018. It also set aside the Gauhati High Court's order dated 31 May 2023, which had allowed the case to proceed.
“The High Court ought to have interdicted the same,” the Supreme Court said.
Case no. – Special Leave Petition (Civil) No. 24703 of 2023
Case Title – Tarabanu Begum @ Tarabhanu Khatun v. Union of India & Ors.
