Res judicata applicable to Foreigners Tribunal too: Gauhati High Court sets aside order declaring woman foreigner

The Gauhati High Court recently held that the principle of res judicata will apply even in proceedings before the Foreigners Tribunal, and consequently such tribunals cannot hear proceedings against a person for the second time [Hasina Bhanu @ Hasna Bhanu vs. Union of India and ors.]..Res judicata is a legal principle which provides that the same dispute between same parties cannot be adjudicated upon if it has been already decided once. A Bench of Justices N Kotiswar Singh and Malasri Nandi said that the Supreme Court has conclusively settled the issue in Abdul Kuddus Vs. Union of India that the principle of res judicata will be applicable even with respect to Foreigners Tribunals.In view of the same it quashed an order dated March 18, 2021 passed by a Foreigners Tribunal against one Hasina Bhanu who was declared foreigner by Foreigners Tribunal, contrary to an earlier order passed by the tribunal in 2016 holding that she was not a foreigner/ illegal migrant. Bhanu was first proceeded against by Foreigners Tribunal No.4, Darrang, Mangaldai and on August 17, 2016 it ruled in her favour holding that she is an Indian. Subsequently, the same tribunal proceeded against her in 2017 and by an order dated March 18, 2021 declared her a foreigner.She approached the High Court against the same contending that it was a violation of principle of res judicata. The Court agreed with her submission. "In the teeth of the decision of the Hon’ble Supreme Court in Abdul Kuddus, where it has been held that the principle of res judicata will be applicable even in a proceeding before the Foreigners Tribunal, we are unable to understand how the Tribunal proceeded to examine the matter and made the aforesaid observation," the High Court said.The second proceeding would be illegal being violative of the mandate of law under Article 141 of the Constitution of India as per which, the law declared by the Supreme Court will be binding on every court and tribunal within the territory of India, the High Court held.The Court, thus, allowed the petition and ordered that the petitioner be released in case she is under detention. .[Read Order]