Res Judicata Not Attracted To Proceedings In Foreigners Tribunal If Previous Order Finding Petitioner ‘Not Foreigner’ Unreasoned: Gauhati High Court

Case: Rafikul Islam v. The Union of India & 5 Ors.

Coram: Justice Achintya Malla Bujor Barua and Justice Robin Phukan

Case No.: WP(C)/251/2023

Court Observation: The principles of res judicata under the law requires two conditions precedent to be satisfied i.e., the earlier dispute must be between the same parties and secondly, the issue between the parties must be decided. The very condition that the issue must be decided requires that it must be decided by a reasoned order and not by an order merely depicting the view that the Foreigners Tribunal may have taken without any reason. From such point of view, we are unable to accept the plea of the petitioner that the subsequent proceeding against the petitioner…is barred by the principles of res judicata.

An unreasoned order is unacceptable in law, more so, when the said order is relied upon in a subsequent proceeding to take the plea of the subsequent proceeding being barred by the principles of res judicata,

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Keywords

Res Judicata Not Attracted, Proceedings In Foreigners Tribunal, Gauhati High Court, Petitioner ‘Not Foreigner’ Unreasoned