Guwahati, May 7: The Gauhati High Court has ruled that if a person has been declared an Indian citizen by a Foreigners Tribunal in Assam, they cannot be tried for a second time in the tribunal and declared a foreigner. A Division Bench of Justice N Kotiswara Singh and Malashri Nandy in a recent order, passed on a set of 12 petitions, stated that the principle of 'res judicata' (meaning that once the matter has been decided it cannot be reopened by the same parties), was applicable to the Foreigners Tribunals in the state.
The High Court observed that the common theme which runs through the batch of writ petitions filed before them is the applicability of the principle of 'res judicata'. The petitioners contention are based on the Supreme Court's decision in the case of one Abdul Kuddus that subsequent proceedings before the Foreigners Tribunals are barred by the principle of 'res judicata'. Delhi Riots: High Court Defers Hearing on Umar Khalid Bail in UAPA Case, Seeks Police Stand on Sharjeel Imam's Plea.
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