'Haphazard' Maintenance Of Case Records By Foreigners Tribunal: Gauhati High Court Suggests Assam Govt To Conduct Training For Members

The Gauhati High Court recently directed the Assam Government to consider imparting a training programme for the Members and Superintendents of the Foreigners Tribunals in the State on maintenance of case records.The said direction was passed by a division comprising Justice Kalyan Rai Surana and Justice Malasri Nandi in a writ petition assailing the opinion of the Foreigners Tribunal, Nagaon by which the petitioner was declared a foreigner. “Having seen the haphazard manner in which the records of Case No. FT 2451/2011 has been maintained, the Court is inclined to direct the Registry to transmit a copy of this order to the Commissioner and Secretary to the Govt. of Assam, Home and Political (B) Department to consider training programme for the learned Members and Superintendents of the Foreigners Tribunals in the State on maintaining records,” the Court directed. The petitioner initially failed to appear and take steps in the case and accordingly, an ex parte opinion dated June 12, 2015 was passed against the petitioner. However, the said opinion was set aside by the High Court vide order dated May 29, 2018. Accordingly, the petitioner had appeared before the Tribunal and submitted his written statement of defence as well as additional written statement. The petitioner further submitted evidence-on-affidavit before the Tribunal and exhibited certain documents. The Court found rampant discrepancies in marking of exhibits and remarked that the records were so "haphazardly maintained" by the Tribunal that it took more than two hours for the Court, assisted by the private secretaries, to trace-out the exhibited documents. It observed,"The evidence-on-affidavits of some witnesses are lying at page nos. 48 to 62 of the Tribunal's record. The form for recording deposition containing examination of a few DWs, and cross-examination of the DWs are lying in pages 65 to 76 of the record...One part of the ordersheet are at pages 1 to 25 of the record. The other part of the order-sheet are lying at pages 94 to 97 of the record...The above process of locating the order-sheets, pleadings, evidence and documents and comparing it with contents of evidence-on-affidavit has consumed a lot of time."Thus, the Court directed its Registry to transmit a copy of this order to the State Commissioner and Secretary (Home Department) to consider training programme for the Members and Superintendents of the Foreigners Tribunals in the State on maintaining records.Citation: 2025 LiveLaw (Gau) 30Case Title: Gobinda Saha @ Chandrahas Saha v. The Union of India & 5 Ors. Case No.: WP(C)/8031/2022Click Here To Read Order

'Haphazard' Maintenance Of Case Records By Foreigners Tribunal: Gauhati High Court Suggests Assam Govt To Conduct Training For Members

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