The Supreme Court held that a person cannot be declared a foreigner through a mechanical ex-parte proceeding. Even if the accused fails to appear, the Foreigners Tribunal must still perform a fair, lawful, and reasoned adjudicatory function, ensuring minimum constitutional safeguards under Articles 14 and 21.
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- ›Court & Bench: Supreme Court of India (Justices Vikram Nath and Sandeep Mehta)
- ›Key Date of Judgment: July 13, 2026
- ›Target this Data: July 13, 2026 (date of SC judgment); Foreigners Act, 1946; Foreigners (Tribunals) Order, 1964
- ›Target this Nodal Body: Foreigners Tribunals (established under the 1964 Order); Supreme Court of India
- ›Target this Legal Point: Articles 14 and 21 of the Constitution apply to 'any person' and 'no person' - not just citizens
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