Supreme Court has held that a tribunal’s
order declaring a person as an illegal foreigner will be binding and prevail
over the government decision to exclude or include the name from the National
Register of Citizens (NRC) in Assam.
A bench of Chief Justice Ranjan Gogoi and Justices Deepak Gupta and Sanjiv
Khanna distinguished between the decisions of NRC and of foreigners tribunals
and said that the latter’s order being the quasi-judicial one will prevail.
The apex court said, the persons whose names are not included in the NRC
in Assam can produce documents including the ones related to the family tree
and seek review of the tribunal’s decision.
The court rejected the plea made by petitioners including Abdul Kuddus
contending whether a judicial determination of a person being foreigner will
stand superseded if his or her name was included or excluded in the NRC in
Assam.
