Declared ‘foreigner’, a money mongering option now

"Foreigner's case at this juncture have assumed the form of an industry as each and every persons involved with foreigner's case have been trying to mint money by any means," Morigaon Foreigners' Tribunal.

Mohammad Sanaullah, the Kargil war veteran, who wasarrestedand sent to a detention centre on May 28 after a Foreigners' Tribunal (FT) haddeclared him a 'Foreigner', has alleged that the inquiry was held withoutnotice to him, while he was serving counter-insurgency operations in Manipur in2008. Apetition asserted that no inquiry officer visited his house and that no noticehas ever been served to him.

This was not the case with only Mohammad Sanaullah, asin several other incidents, court notices and summons were not served to thoseagainst whom foreigner's cases were slapped and the judgments were deliveredex-parte. In September last year, the Morigaon Foreigners' Tribunal (FT) foundthat in most cases, the opposite party did not get a proper chance to representthe case in the court before they were pronounced foreigners following courtproceedings.

The whole system has become a money-making industry,as the summons were not served to the opposite parties judgments were obtainedfrom the tribunal showing that the opposite party is absent. The Gaonburhas, VillageDefence Party presidents or secretaries in support of the process server, theperson who delivers summons or notices by hand, try to get cases proceededex-parte in lieu of cash. The entire process also includes involvement of thirdparty.

"Foreigner's case at this juncture have assumed theform of an industry as each and every persons involved with foreigner's casehave been trying to mint money by any means," said an order of Morigaon FT.

Meanwhile, it has been alleged that police and lawyersare also involved in this whole money-making industry by threatening the peoplethat if they won't provide money to the concerned officials, then they will bedeclared as foreigners.

Amir Hussain, a declared foreigner by No. 3 MorigaonFT, has alleged that he was declared foreigner only because he could notprovide the demanded money to a FT member. "Justice of No. 3 MorigaonForeigners' Tribunal, Gautam Suren demanded Rs. 2 lakhs in cash from me. But asI was unable to pay the whole amount, I have been declared as a foreigner, evenafter being an Indian citizen," Amir had alleged in September, 2018.

It may be also mentioned here that the Gauhati High Court (GHC) has recently found irregularities in 12 orders passed by a FT in Nalbari district. The GHC found that a former member of the FT had disposed of 12 reference cases without a detailed opinion. "We express our disappointment over the way the member conducted himself. This was not expected," the GHC bench said in its order.

The above incidences prove that the lawyers, members of FT and police involved in the foreigners' cases are indulging in money-making business.