5.
Embedding Violations: Role of the Assam’s High Court
The High Court’s casual and selective use of legal terminology—invoking phrases like “sufficient
cause,” “special circumstances,” or “interest of justice” without defining their meaning or applying
them coherently—signals a deeper failure. It reflects a judiciary that, at times, decides cases based
more on impression than on principle. In doing so, the Court fails to uphold the constitutional and
procedural safeguards that citizenship determinations demand. The result is a process that not only
undermines fairness and due process but also erodes trust in the very institutions charged with
protecting these fundamental rights.
5.1.2
Arbitrary Outcomes
In the previous subsection, we demonstrated that the Gauhati High Court’s failure to define or apply
the sufficient cause standard coherently has rendered it effectively meaningless. The standard
imposes unattainable burdens on defendants v without offering actionable guidance. Here, we go
further: even these supposed standards have no discernible correlation with case outcomes. The
analysis points to troubling arbitrariness in High Court determinations, where legal standards cited in
judgments appear to play little role in guiding final decisions.
This pattern becomes clear when examining writs challenging ex parte orders on similar grounds. Our
review reveals that cases resting on identical or near-identical facts—whether citing serious illness,
defective legal representation, or improper service of notice—have led to vastly different outcomes.
The High Court variously dismissed petitions, remanded cases, granted liberty to apply before the FT,
or outright quashed the ex parte orders. In most instances, these divergent remedies were handed
down without reasoned explanation or principled justification for treating like cases differently.
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