Glossary 8 Adverse Inference A negative assumption or conclusion that a court or tribunal may draw against a party who fails to produce relevant evidence that is within their control or fails to testify when expected. Affidavit A written declaration or affirmation made to a court, which is legally binding on the party making it. Article 226 of the Indian This gives every high court the power to issue directions, orders or writs Constitution to enforce any of the fundamental rights, and for any other purpose. Assam Police Border An organisational branch of the Assam Police., with the mandate of Organization (APBO) detecting and deporting foreigners, as well as preventing entry of foreigners across the international borders. They are also mandated to identify ‘suspected foreigners’, and register a ‘Reference Case’ which is forwarded to Assam’s Foreigner Tribunals. Burden of Proof (Section 9, A provision that places the responsibility to prove citizenship on the Foreigners Act 1946) individual accused of being a foreigner—contrary to ordinary criminal or civil standards. Convicted Foreign National A non-citizen individual who has been convicted under provisions of the (CFN) Foreigners Act, 1946 (typically Section 14), usually for unlawful entry or stay in India. CFNs are distinct from individuals “declared foreigners” by a Foreigners Tribunal, as their status arises from a criminal conviction rather than quasi-judicial proceedings. Declared Foreign National (DFN) Someone officially found by an FT to be a non-citizen, often losing legal rights. Defendant or “Proceedee” A person whose citizenship is in doubt and the Central Government has referred a case against them to the FT. Doubtful voters (D-voter) Individuals classified by the Election Commission of India as suspected foreigners. These names may be forwarded to the Superintendent of Police (Border), who then issues a reference to the Foreigners Tribunal. Ex parte order A decision made without the defendant being present or heard. Foreigners Tribunal (FT) Quasi-judicial bodies set up in Assam to determine whether a person is a foreigner under the Foreigners Act, 1946. Foreigners Tribunal Members Individuals appointed to adjudicate cases in Foreigners Tribunals in (FT Members) Assam. They issue legally binding “opinions” on whether a person is a “foreigner.” Foreigners Tribunal Opinion (FT The formal decision issued by an FT, stating whether a person is a Opinion) foreigner. This “opinion” has serious legal consequences and is subject to judicial review.