Inclusion in Draft NRC Cannot Override Foreigners Tribunal's Decision: Supreme Court
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In a significant ruling, the Supreme Court of India on Monday held that the mere inclusion of a person’s name in the draft National Register of Citizens (NRC) does not nullify a prior declaration by a Foreigners Tribunal deeming the person a non-citizen under the Foreigners Act, 1946.
A bench comprising Justice Sanjay Karol and Justice Manoj Misra upheld the Gauhati High Court's decision, which had refused to interfere with the Tribunal's March 2017 finding that declared the appellant, Rofiqul Hoque, a foreigner. The Court dismissed the argument that the appellant’s inclusion in the draft NRC in 2018 invalidated the Tribunal's earlier ruling.
Tribunal Declaration Prevails Over NRC Inclusion
Justice Manoj Misra, authoring the judgment, relied on the precedent set in Abdul Kuddus v. Union of India (2019), wherein the apex court had held that the NRC process does not override a Tribunal's verdict. The Court clarified that once a person is declared a foreigner under the Foreigners Act, their inclusion in any draft NRC carries no legal weight.
"In view of the decision of this Court in Abdul Kuddus, firstly, consequent to the declaration by the Tribunal that the appellant is a foreigner, the name of the appellant could not have been included in the draft NRC and, secondly, even if it has been included, it would not annul the declaration made by the Tribunal,” the Court stated.
Appellant Failed to Establish Citizenship
The appellant failed to provide credible documentary evidence, such as consistent voter lists or school records, to prove Indian citizenship. The Court reiterated that under Section 9 of the Foreigners Act, the burden of proof lies on the individual claiming to be a citizen.
Noting the lack of reliable evidence and the clear legal position, the Supreme Court dismissed the appeal.
Case Details:
Case Title: Rofiqul Hoque vs Union of India & Ors.
Citation: 2025 LiveLaw (SC) 600
Bench: Justice Sanjay Karol and Justice Manoj Misra
Key Precedent: Abdul Kuddus v. Union of India (2019)
Advocates for Petitioner: Sr. Adv. Pijush Kanti Roy, Adv. Kakali Roy, Rajesh Kumar Chaurasia (AOR) and others
Advocates for Respondent: ASG Aishwarya Bhati (not present), Adv. Kanu Agrawal, Prerna Dhal and others
The verdict is expected to have wider implications for individuals whose names appear in the draft NRC but have previously been declared foreigners by Foreigners Tribunals.
