Family Member Declared Foreigner Does Not Automatically Make Relatives Foreigners: Gauhati High Court
The Gauhati High Court has held that merely because one family member is declared a foreigner, other relatives cannot automatically be treated as foreigners without separate legal proceedings.
The Court observed that each individual’s citizenship status must be independently examined through specific references before the Foreigners Tribunal.
It criticised the practice of declaring children foreigners solely based on findings against their mother, without conducting an independent inquiry or providing an opportunity to contest the allegations.
Emphasising principles of natural justice, the Court ruled that citizenship determinations require individual assessment and cannot rest solely on familial association.
