Can a Person Be Declared a Foreigner Through an Ex Parte Proceeding Without a Fair Opportunity of Hearing? Supreme Court Answers

Case Name: Sabitri Dey @ Swasthi Dey & Others v. Union of India & Others (with connected matters)

Date of Judgment: 13 July 2026

Citation: 2026 INSC 694 | Civil Appeal No. 2820 of 2024 & Connected Matters

Bench: Justice Vikram Nath and Justice Sandeep Mehta

Held: The Supreme Court held that a person cannot be declared a foreigner through an ex parte or effectively ex parte proceeding without ensuring meaningful compliance with the principles of natural justice. The Court observed that although Section 9 of the Foreigners Act, 1946 places the burden of proving citizenship on the proceedee, the Foreigners Tribunal must still ensure proper service of notice, disclose the main grounds of the reference, consider the evidence produced by the State, and pass a reasoned order before declaring a person to be a foreigner.

Summary: The batch of appeals arose from orders of various Foreigners Tribunals in Assam declaring the appellants to be foreigners. In most cases, the proceedings were conducted ex parte or became effectively ex parte after the appellants failed to appear or continue participating before the Tribunals. The Gauhati High Court affirmed the Tribunal orders in each case.

Before the Supreme Court, the appellants contended that they had been declared foreigners without being afforded a meaningful opportunity to defend themselves. The Court examined the statutory scheme under the Foreigners Act, 1946 and the Foreigners (Tribunals) Order, 1964 and held that while the burden of proof lies on the proceedee, the Tribunal cannot mechanically declare a person to be a foreigner merely because of non-appearance.

The Supreme Court emphasized that Foreigners Tribunals perform quasi-judicial functions and are required to follow fair procedure consistent with Articles 14 and 21 of the Constitution. It held that even in ex parte proceedings, the Tribunal must verify proper service of notice, examine the evidence produced by the State, record reasons, and independently satisfy itself that the reference is established before rendering its opinion.

Decision: The Supreme Court allowed the appeals, set aside the judgments of the Gauhati High Court as well as the opinions of the concerned Foreigners Tribunals, and remitted the matters for fresh adjudication. The Court directed the appellants to appear before the respective Tribunals within four weeks and ordered that no coercive action shall be taken against them until fresh opinions are rendered, subject to their cooperation with the proceedings.