Allow Cookies!
By using our website, you agree to the use of cookies
The Gauhati High Court held that it does not confer power to transfer proceedings of one Foreigners’ Tribunal to another Foreigners’ Tribunal under Art. 226 of Constitution of India, in the case where many approached the HC to transfer the case from one Tribunal, which are far away from permanent residence of petitioners, to the Tribunal near to their Home District.
It was also contended by the petitioners that presenting of witnesses become tough due to physical and financial inconvenience, which would cause prejudice, there by discharging the burden as not being foreigners, as u/s 9 of the Foreigners Act, 1946.
The Bench comprising of Justices ManojitBhuyan and Manish Choudhury noted that sec 24 of CPC, 1908 will not apply to Foreigners’ Tribunal, since the binding nature of the law is with Supreme Court and within scope of Arts 141 and 142 of Indian Constitution.
It further observed that though Access to justice is a fundamental right to the petitioners, will not purpurate within the inconvenience due to physical and financial discomforts faced by the petitioners. It was also noted that the 1964 Order provides power to Foreigners’ Tribunal to examine witnesses and produce documents by issuing Commissions.
Thus, the Court did not entertain the prayer for transfer of proceedings made in writ petitions.
86540
103860
630
114
59824