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Aliens to be given a chance

A PERSON accused of being an illegal migrant in India will now get the chance to argue his case before a tribunal before he is declared a foreigner and deported. And he can thank the upcoming Assam elections for this favour.

Published on: Feb 11, 2006, 01:35:00 IST
None | By , New Delhi
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Thanks to Assam, fair hearing before eviction

HT Image
HT Image

A PERSON accused of being an illegal migrant in India will now get the chance to argue his case before a tribunal before he is declared a foreigner and deported. And he can thank the upcoming Assam elections for this favour.

On Friday, in a bid to appease minority voters in Assam, the Centre decided to amend the Foreigners Act and set up tribunals for detecting foreigners and deporting them.

The decision was taken by the Cabinet Committee on Political Affairs (CCPA), chaired by the prime minister.

It was necessitated by the July 13, 2005 judgment of the Supreme Court, striking down the Illegal Migrants (Determination by Tribunals) Act 1983.

Under the IMDT Act, the onus of proving one's nationality or otherwise lay on the complainant (usually the police and their prosecuting agencies), while under the Foreigners Act the onus lies on the accused.

Tribunals for the determination of foreigners had been a part of the IMDT Act.
The Cabinet Committee on Political Affairs’ decision does not make the setting up of tribunals Assam-specific.

It remains to be seen whether the Centre will have to set up such tribunals if similar demands are made by other states said to be inhabited by a large number of Bangladeshis —like West Bengal, Uttar Pradesh, Bihar, Maharashtra.

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