VidhiSangh

Supreme Court of India · 17/05/2019

ABDUL KUDDUS versus UNION OF INDIA AND OTHERS

[2019] 8 S.C.R. 669 · 2019 INSC 684

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

A Foreigners Tribunal’s determination is quasi-judicial and binding, subject to judicial challenge, and cannot be reopened through the NRC claims-appeal route as a second adjudication of the same person’s status. Paragraph 8 of the 2003 Rules’ Schedule applies where no earlier Tribunal determination exists. Different outcomes concerning relatives do not themselves defeat finality, but relevant family decisions may be considered in writ or review proceedings. Creation of a new appellate forum was refused.

Issues

  1. Whether a Foreigners Tribunal opinion was a binding quasi-judicial determination.
  2. Whether paragraph 8 allowed fresh adjudication despite an earlier determination.
  3. What effect differing family-member decisions and the request for a new appeal forum had.

Provisions considered

Held

Result

Appeals disposed of, rejecting the asserted conflict permitting renewed Tribunal adjudication and the request to direct creation of an appellate forum. Judicial challenges and relevant writ/review remedies remained available as explained.

Judgment PDF: Supreme Court of India, [2019] 8 S.C.R. 669.