Gauhati High Court Suggests Assam Government To Consider Training of Members of Foreigners Tribunal On Maintaing Records
The Gauhati High Court directed the Assam Government to consider formal training of the Members and Superintendents of Foreigners Tribunal on how to maintain case record.
The Court was considering a Writ Petition against the opinion of Foreigners Tribunal, however, the evidence were maintained by the Tribunal in a haphazard manner.
The Division Bench of Justice Kalyan Rai Surana and Justice Malasri Nandi opined, “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, which has compelled the Court to leave it to the authorities in the Home and Political (B) Department, as to whether the State would consider formal training to the Members and Superintendents of Foreigners Tribunal from the Judicial Academy, Assam and/or North-East Judicial Officers Training Institute, Guwahati of how to maintain case record.”
Advocate B C Das appeared for the Petitioner, while Advocates R. Devi, M. Islam, A. Verma, P Sarmah appeared for Respondents.
Case Brief
The Court was considering a Writ Petition against the opinion of Foreigners Tribunal, however, the evidence were maintained by the Tribunal in a haphazard manner.
Court’s Reasoning
The Gauhati High Court observed, “Thus, all the exhibited documents, with over-lapping as indicated hereinbefore, are not found to be have been referred and discussed by the learned Tribunal. Thus, it appears that the petitioner has not received the desired assistance of his learned counsel, who has failed to mark exhibits appropriately, moreover, the records are so haphazardly maintained by the learned Tribunal that it took more than 2 (two) hours for the Court, assisted by the private secretaries to trace-out the exhibited documents after comparing every exhibited document with the contents of the evidence-on-affidavit of DWs and cross-examination of DWs.”
Accordingly, the Writ Petition was allowed with a suggestion that the Assam Government to consider training programme for the Members and Superintendents of the Foreigners Tribunals in the State on maintaining records.
Cause Title: Gobinda Saha @ Chandrahas Saha V. Union of India & Ors. (Neutral Citation: 2025:GAU-AS:8164-DB)
Appearance:
Petitioner: Advocate B C Das
Respondents: Advocate R. Devi for Respondent No. 1, Advocate M. Islam for Respondent No. 2, Advocate A. Verma for Respondent No. 3 to 5, Advocate P Sarmah for Respondent No. 6.
