The Assam state committee of the CPI(M) has submitted a memorandum to the home secretary, ministry of home affairs, government of India on July 4, seeking amendments to the Foreigners (Tribunal) Amendment Order, 2019, to ensure justice to the concerned people. Below we publish the text of the memorandum.

“THAT according to the schedule 8 to the Citizenship (Registration of Citizens and Issue of National Identity Cards) Rules, 2003 “any person, not satisfied with the outcome of the decisions of the claims and objections….. may prefer an appeal, before the designated Tribunal Constituted under the Foreigners (Tribunals) Order, 1964 within a period of 60 (Sixty) days from the date of such order; and on the disposal of appeal by the Tribunals the names shall be included or deleted, as the case may be, in the National Register of Indian Citizens in the state of Assam.”

That, the central government in exercise of the powers conferred by section 3 of the foreigners Act, 1946, had issued the Foreigners (Tribunal) Amendment Order, 2019. The Foreigners (Tribunal) Amendment Order, 2019 was published in the official Extraordinary Gazette on June 4, 2019.

By the said order the persons who will be found ineligible for inclusion in the National Register of Indian Citizens may prefer an appeal before the designated tribunal. The order laid down the procedure for disposal of appeal as well. Paragraph 10 of the Foreigners (Amendment) order, 2019 said, “Upon production of records, if the Tribunal finds merit in the Appeal, it shall issue notice to the Appellant and the District Magistrate for hearing ……”

Paragraph 10, if not amended, will give absolute power to the Tribunals to arbitrarily dismiss any appeal without hearing the appellant and thus deny the basic rights available to any appellant in any appeal.

The Communist Party of India (Marxist), Assam state committee is of the opinion that the Schedule 8 to the Citizenship (Registration of Citizens and Issue of National Identity Cards) Rules, 2003 provides the aggrieved party an opportunity of ‘Appeal’. It is by no means a review, a revision or a writ. So, law should not take away the right to be heard from the appellant.

So, the Communist Party of India (Marxist), requests you to reframe the para 10 of the Foreigners (Amendment) order, 2019 by omitting the words “if the Tribunal finds merit in the Appeal”. Para 10 should be reframed as follows : “ Upon production of records, it shall issue notice to the Appellant and the District Magistrate for hearing specifying the date of hearing and such date shall be within thirty days from the date of production of records.”