: 30-day rule to challenge foreign tribunal rulings only applicable when person receives notice: SC #IndiaNEWS The Supreme Court on Wednesday observed that authorities can apply the 30-day rule to challenge

30-day rule to challenge foreign tribunal rulings only applicable when person receives notice: SC #IndiaNEWS
The Supreme Court on Wednesday observed that authorities can apply the 30-day rule to challenge a Foreigners Tribunal’s decision declaring a person an “illegal immigrant???, only in cases where an appellant fails to appear before the tribunal despite receiving a notice, Live Law reported.Paragraph 3A of Foreigners (Tribunal) Order, 1964, states that if an appellant goes to the tribunal within 30 days of an ex-parte order and gives a reasonable explanation for not showing up earlier, the tribunal can set aside the order declaring him a foreigner. This is to give people a chance to contest the case in the tribunal itself without having to approach a higher court.The bench of Justices DY Chandrachud, MR Shah and Sanjiv Khanna made the observations while setting aside a Gauhati High Court decision. The High Court had dismissed a petition of an appellant, who challenged a March 2018 order of the Foreigners Tribunal declaring him an “illegal immigrant???.The police had submitted before the Tribunal that the appellant was an “illegal immigrant??? from Bangladesh, who entered India without the requisite documents after March 24, 1971.The authorities maintain they had served a notice to the appellant, by hanging one outside the man’s last known place of residence. But the appellant submitted that the...Read more

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