5.
Embedding Violations: Role of the Assam’s High Court
These contrasting rulings suggest that medical evidence was not genuinely decisive in either case.
The absence of proof was highlighted in one case, but ignored when present in the other. This
inconsistency reveals that such standards often serve as superficial rationalisations rather than
genuine guides for decision-making. The result is a pattern of arbitrary judgments, where outcomes
are untethered from the very standards courts purport to apply.
5.2
Writ Petitions Against Contested Cases
Breakdown of non-ex parte cases
No. of
contested
cases
Dismissed
Remanded
Direction to
police to refer
the case
Quashed
Clubbed
FT cases
Other
637
476
45
62
16
3
35
This subsection examines a second set of cases adjudicated by the Gauhati High Court—
writ petitions challenging FT decisions where individuals appeared and actively contested the
proceedings. Much like writ petitions against ex parte orders, these cases expose a troubling
absence of clear legal standards, consistent judicial reasoning, and meaningful guidance for the FT
system.
There is a pattern of inconsistent application of evidentiary standards by the High Court, further
highlighting the arbitrary and opaque nature of citizenship determinations. The Court has failed to
establish coherent, stable standards for evaluating evidence, leaving FT members, lawyers, and
defendants without a reliable framework. This has produced unpredictable, contradictory outcomes
that undermine the integrity of citizenship adjudication.
The lack of clarity strikes at the core of the citizenship determination process, raising serious
150
constitutional concerns about fairness, due process, and the reliability of judicial review. The
evidence points to decisions that are often arbitrary, lacking transparency, and at times seemingly
shaped by considerations outside the legal record.
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