4.
Violations of Natural Justice and the Right of Due Process
In the absence of clear guidelines, FTs have adopted the practice of verifying names when notices
are sent. However, lawyers often need to submit requests for such verification, and there remains
a lack of clarity regarding what this verification process entails. This ad hoc approach underscores
the systemic gaps in ensuring proper service of notice, leaving defendants vulnerable to procedural
inconsistencies.
Improperly serving notice further exacerbates these issues. The High Court has repeatedly
emphasised that notices cannot be served by affixing them in public places, such as shops or
river ghats, but such practices persist.276 Moreover, the FTs often pass orders deeming individuals
untraceable after a single failed attempt at service, without attempting substituted service.277 These
orders, though occasionally overturned, highlight the ineffectiveness of existing guidelines in ensuring
that tribunals follow the law.
The Gauhati High Court has also shown inconsistency in evaluating writ petitions challenging
improper notice. In some cases, it has dismissed such pleas without verifying the materials on
record, relying solely on observations in the tribunal’s order.278 This lack of uniformity and scrutiny
trivialises the serious consequences of these proceedings, treating citizenship as something easily
provable while disregarding the punitive outcomes that follow procedural lapses.
These procedural failures in serving notice demonstrate the broader due process deficits within the
FT system. The lack of clarity, uniformity, and adherence to basic principles of fairness undermines
the defendants’ ability to defend themselves effectively, highlighting the systemic flaws that plague
the adjudication of citizenship in Assam.
97
276
Bipula Das v. Union of India 2019 SCC OnLine Gau 3582 [5]; Kabir Uddin v. Union of India WP(C) 7901/2019 (Gauhati High Court, 2
September 2021).
277
Dulal Goswami v. Union of India WP(C) 4616/2013 (Gauhati High Court, 19 August 2013); See also the FT orders in Mohibur Rahman v.
Union of India WP(C) 1994/2019 (Gauhati High Court) and Bidhan Ch. Das v. Union of India WP(C) 3476/2017 (Gauhati High Court).
278
Smt. Mamta Sarkar v. Union of India WP(C) 609/2016 (Gauhati High Court, 9 February 2016); Birendra Biswas @ Bijen Biswas v. Union of
India WP(C) 656/2016 (Gauhati High Court, 9 February 2016); Md. Ramjan Khan v. Union of India WP(C) 776/2016 (Gauhati High Court, 11
February 2016); Bithika Purkayastha @ Bithika Biswas v. Union of India WP(C) 1231/2016 (Gauhati High Court, 25 February 2016).
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents