Introduction:
In the matter of WP(C)/1754/2015, the Gauhati High Court, presided over by Justice Suman Shyam, addressed critical concerns regarding the administrative functioning of Foreigners’ Tribunals (FTs) in Assam. The court’s intervention was prompted by issues affecting the operational efficiency of FTs, particularly the withdrawal of Drawing and Disbursing Officer (DDO) powers from FT Members, which impeded the regular disbursement of their salaries.
Arguments Presented:
The Amicus Curiae highlighted that the revocation of DDO powers from FT Members adversely impacted their ability to draw salaries and allowances, thereby hampering the tribunals’ functionality. This administrative change led to significant difficulties in the operational sphere of FTs.
On behalf of the State, Senior Additional Advocate General D. Mazumdar requested time to seek instructions on the matter, acknowledging the concerns raised.
Court’s Observations and Directions:
Justice Suman Shyam found the state’s request reasonable but emphasized that the withdrawal of DDO powers should not obstruct the regular payment of salaries to FT Members. The court directed the Assam Government to take appropriate steps to ensure uninterrupted salary disbursement despite the administrative changes.
The court also reviewed the state’s responses to four previously identified issues concerning FTs:
- Low Disposal Rates: The Inspector General of Police (Border), Assam, was instructed to reallocate pending cases within districts to improve disposal rates.
- Library Facilities: Out of 69 FTs, 59 expressed willingness to establish libraries, while 10 cited space constraints.
- Training Programs: A one-day training session was conducted on April 26, 2025, covering procedural laws and evidence appreciation, with participation from current and former High Court judges.
- Provision of Law Journals: The court found the state’s response unsatisfactory and mandated the provision of two local journals, GLR and GLT, to each FT Member starting May 2025, to keep them updated on relevant legal developments.
Conclusion:
The Gauhati High Court’s directives underscore the necessity of maintaining the functional integrity of Foreigners’ Tribunals in Assam. By ensuring that administrative changes do not hinder salary disbursements, the court aims to uphold the tribunals’ efficiency and the rule of law. The matter is scheduled for further hearing on June 24, 2025, to assess compliance with these directives.