Nueva Delhi: The Supreme Court has ruled that once a court of designated foreigners, rejects the claim of the Assam’s government on a person who is an illegal immigrant from Bangladesh who entered the State after March 25, 1971, the court cannot Review your own order on the new Declaration of Administration Additional Documents.
A court had on February 15, 2018, after considering oral and documentary evidence, in a case presented in 2016, he decided that a Rejia Khatun was not a Bangladesh foreigner who entered India as of March 25, 1971.
There was another case registered in 2012 claiming that the same person was foreign of Bangladesh. This was held for a hearing on December 24, 2019, and the Court ruled that despite its order of February 15, it had the power to analyze documents and materials and even its findings in previous procedures. This was challenged by Khatun before the Gauhati HC, who confirmed the power of the court so that they occur again despite the previous decision that declares Khatun as a foreigner.
The senior lawyer Pijush Roy, appearing for Khatun, told a bank of judges like Oka and Ujjal Buyan that the courts had no power to review their own orders. By accepting the argument, the bank said that the state government was part of the 2018 order and did not sought the memory of the order or challenged it before the HC.
“The Order (December 2019) indicates that the Court wants to sit in an appeal against its own trial and order concluded. Such power can never be exercised by the court. The state government remedy or the central government should challenge the order of February 15, 2018, ”he said.
The Bank said the court is impotent to reconsider its own requests and set aside the HC order, as well as the decision of the court of December 24, 2019. In addition, the bank excluded the Assam’s center or government to challenge the order of the 2018 Court.
