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Sabitri Dey or Swasthi Dey vs Union of India
July 26 , 2026
12 hrs 0 min
16
0
- The Supreme Court (SC) reaffirmed that citizenship and foreigner status must be determined through a fair, lawful, and reasoned process, consistent with constitutional guarantees.
- It was setting aside a batch of Gauhati High Court judgments.
- The HC judgements had upheld the opinions of the Foreigners Tribunals (FTs) declaring several individuals from Assam as foreigners.
- The SC directed fresh adjudication, emphasizing that citizenship proceedings must adhere to the principles of fairness, reasonableness and due process.
- The Supreme Court reaffirmed that proceedings under the Foreigners Act, 1946 must be fair, lawful and reasoned, and cannot be mechanical, one-sided or devoid of application of mind.
- The case arose from a 1997 Illegal Migrants (Determination) Tribunal (IMDT) declaring Sabitri Dey and her husband as illegal migrants after they failed to appear before the tribunal.
- The judgment protects Articles 14 and 21, ensuring no one is declared a foreigner without a fair process.
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