SC Orders Fresh Hearing In 27 Foreigner Cases

Supreme Court remands 27 cases to Foreigners Tribunals, stressing that citizenship status must be determined through a fair, lawful

July 13, 2026: The Supreme Court on Monday emphasised that citizenship status in India must be determined through a “fair, lawful and reasonable process.” A bench of Justice Vikram Nath and Justice Sandeep Mehta set aside the Gauhati High Court’s judgment, which had upheld the declaration of 27 appellants as foreigners, and directed that their cases be heard afresh.

The case involved 27 petitioners who had challenged ex parte orders passed by the Foreigners Tribunal declaring them foreigners. The Gauhati High Court had dismissed their appeals, noting that they approached the court after 23 years and had failed to appear before the tribunal despite receiving notices. The High Court also relied on Section 9 of the Foreigners Act, 1946, which places the burden of proving citizenship on the individual.

Granting relief to the appellants, the Supreme Court remanded all 27 cases to the concerned Foreigners Tribunals for fresh adjudication. The court directed that the tribunals decide the cases independently and without being influenced by the earlier findings of either the Foreigners Tribunal or the Gauhati High Court, underscoring the constitutional significance of citizenship.