Initiating Second Foreigners Tribunal Case Is Abuse Of Process : Supreme Court

The Supreme Court ruled that initiating a second case under the Foreigners Act, 1946 against a person already declared not a foreigner violates the principle of res judicata.

The appellant had proved her Indian citizenship in 2016, yet fresh proceedings were wrongly initiated in 2018.

The Court reaffirmed that unless the earlier order is legally challenged or recalled, no fresh proceedings can be initiated.

Emphasizing this protection under Section 9 of the Act, the Court termed the second proceeding an abuse of process and restored the appellant’s legal position by quashing the subsequent case.