4. Violations of Natural Justice and the Right of Due Process Introduction This chapter examines the systemic procedural violations that characterise the FT system. In ordinary process, discrete stages are expected: an initial investigation by the border police to identify suspected foreigners; the issuance of notices to defendants to appear before the FTs; and, if unsuccessful at trial, the right to seek relief through writ petitions in the Gauhati High Court. While Chapter 5 addresses the legal shortcomings of the High Court’s review, this chapter focuses on the FT proceedings themselves. It argues that at every stage—leading up to and during the trial—the process in the FTs violates fundamental principles of natural justice and due process. The process for identifying and declaring an individual as a foreigner in Assam unfolds in three distinct stages: the Inquiring Authority, the Referral Authority, and the FT. The Assam Police Border Organisation, led by the Superintendent of Police (Border) in each district, serves as both the Inquiring and Referral Authority, while a designated member of the FT presides over the third stage. Stage One: Inquiring Authority When there is a reasonable suspicion regarding a person’s citizenship status, the Inquiring Authority is required to conduct a fair and thorough investigation. While this inquiry need not meet the standards of a criminal investigation, it must be grounded in credible evidence suggesting that the individual is a foreigner who entered from a “Specified Territory” (typically Bangladesh under existing notifications). This suspicion must be based on materials gathered from or relating to the individual. In Moslem Mondal, the Gauhati High Court held that the suspected individual must be given an opportunity at this stage to demonstrate their citizenship. If the person cannot be located, the investigating officer must document their efforts in the presence of a village elder, headman, or other respected local figure. The officer should, where possible, obtain the individual’s signature or thumb impression and record any available statement. A proper and impartial inquiry at this stage is essential for safeguarding the right to a fair trial. Stage Two: Referral Authority The Referral Authority—typically the Superintendent of Police (Border)—must conduct an independent, prima facie assessment of the materials submitted by the Inquiring Authority. If the evidence appears insufficient, the Referral Authority may return the file for further investigation or close the matter altogether. The case should be forwarded to the FT only if the suspicion remains reasonably substantiated. Stage Three: Foreigners Tribunal On receiving the case, the Tribunal must verify that the enquiry and supporting materials provide a substantial basis for proceeding. Notice can be issued to the individual concerned only after this threshold is met. The Tribunal’s role is to assess whether the standards of investigation and referral have been properly met before making a determination of foreign status. In practice, however, these safeguards are often weakly implemented or disregarded altogether—leading to serious procedural lapses that undermine the fairness and legality of the entire process. 87