Assam's Foreigners Tribunals (FTs), quasi-judicial bodies established under the Foreigners (Tribunals) Order of 1964, determine the citizenship status of individuals suspected of being foreigners. The FTs are unique to Assam, unlike other Indian states which deal with 'illegal immigrants' differently. They are headed by members from judicial backgrounds.
The Assam Police Border Organisation, established in 1962, plays a crucial role in identifying and referring suspected illegal immigrants to the FTs. This organisation's responsibilities include border patrol and monitoring 'settled' populations in sensitive areas. The Border Police collaborates with the Border Security Force and the Election Commission to identify and forward cases to the FTs.
An FT functions like a civil court, with the power to summon individuals, demand documents, and conduct hearings. They must serve notices within 10 days and the individual has 20 days to respond with evidence. Cases should be resolved within 60 days. Failure to prove citizenship may result in detention and deportation.
FT orders have faced criticism for their lack of procedural fairness and the potential for injustice. The Supreme Court recently overturned an order deemed a 'grave miscarriage of justice', highlighting concerns about the lack of safeguards in the process. Reports of irregularities, such as notices being posted in inappropriate places without proper notification, further raise concerns about the fairness and impartiality of FT proceedings.