Jorhat, Feb. 22: Gauhati High Court has constituted a special bench to monitor the functioning of foreigners tribunals in the state.
The move follows the Supreme Court's recent directive to the high court to set up a special bench to monitor the working of foreigners tribunals in the state.
A notification issued by the registrar (judicial) of Gauhati High Court, M.A. Ali, on February 12 said the Chief Justice (acting) of the high court, K. Sreedhar Rao, had constituted the special bench in accordance with the apex court's directive.
The notification said Justice B.K. Sharma, sitting judge of Gauhati High Cour,t will head the bench, which will sit at least once a month.
Another notification issued by the high court registrar (general), H.K. Sarma, said Chief Justice (acting) Rao, in accordance with the apex court's directive, had also constituted a committee to select and appoint chairpersons to foreigners tribunals where the posts were lying vacant.
Justice B.K. Sharma will head the committee, which will also comprise Justice Ujjal Bhuyan as a member and registrar (judicial) Ali as member-secretary.
A two-judge bench of the Supreme Court, comprising Justice Ranjan Gogoi and Justice R.F. Nariman, on December 17, 2014, had heard a writ petition filed by Assam Sanmilita Mahasangha and other organisations on the validity of Section 6A of the Citizenship Act.
The bench had directed Gauhati High Court to constitute a special bench to monitor the functioning of the foreigners tribunals in Assam.
Expressing deep concern over influx from Bangladesh into Assam, the Supreme Court bench had said: "We are at a loss to understand why 67 years after Independence, the eastern border is left porous."
"Gauhati High Court is requested to expedite and to finalise the process of selection of the chairperson and members of the foreigners tribunals, if required in phases, depending on the availability of officers opting to serve in the tribunals. Within 60 days of the selection being finalised by Gauhati High Court, Assam will ensure that the tribunals become operational," the apex court bench said.
The bench asked the Centre to take all possible measures to fence the borders and complete the exercise of setting up 64 more foreigners tribunals to identify and order the deportation of illegal migrants.
Government sources said over two lakh cases were pending in 36 foreigners tribunals in the state.
The apex court agreed with the petitioners that there seemed to be largescale illegal migration into Assam and added that post-1985, deportation had been abysmally poor.
The Supreme Court bench observed: "It will be seen that the number of tribunals set up is abysmally low, resulting in an abysmally low number of decisions by these tribunals."
On January 2013, the then Chief Justice of Gauhati High Court, A.K. Goel, had constituted a two-judge special division bench to hear all writ appeals relating to orders passed by foreigners tribunals.
The bench was directed to sit once a week to hear appeals against orders passed by foreigners tribunals.