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The Supreme Court Friday held that a tribunal's order declaring a person as an illegal foreigner would be binding and prevails over the government decision to exclude or include the name from the national registration for citizen (NRC) Assam. A bench of Chief Justice Ranjan Gogoi and Justices Deepak Gupta and Sanjiv Khanna was dealing with the question that if the name of a person included in the NRC in Assam is deleted on the ground that he was a foreigner, then he should have a right of appeal before an appropriate forum against exclusion and dropping of his name.
Justice Sanjiv Khanna pronouncing the order said that principle of ‘res-judicata’, a matter that has been adjudicated by a competent court. Solicitor General Tushar Mehta, appearing for the Centre, had said the foreigner tribunals verdict, declaring a person a foreigner, would always prevail over the NRC and such foreigners or illegal migrants cannot cannot be included in the NRC in Assam. The top court had said that it cannot create an appellate forum for those, declared as illegal foreigners by a tribunal by using its power under Article 142 of the Constitution.
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