Emphasising that determination of citizenship status must be carried out through a “fair, lawful and reasoned” process, the Supreme Court on Monday set aside the Gauhati High Court’s order that had upheld declarations of 27 persons as foreigners.A Bench of Justice Vikram Nath and Justice Sandeep Mehta allowed the appeals of 27 persons declared foreigners and remanded their cases back to the Foreigners Tribunals concerned “for fresh adjudication in accordance with law.”“The concerned Tribunals shall decide the references afresh, uninfluenced by any observation made either by the High Court in the impugned judgments or by the Tribunals in the earlier opinions. The appellants shall appear before the concerned Tribunals within four weeks from the date of this judgment,” it ordered.Writing the judgment for the Bench, Justice Nath said, “Citizenship and foreigner status occupy a field of high constitutional and legal significance… The State has a legitimate and compelling interest in ensuring that persons who are not legally entitled to claim Indian citizenship do not secure such status by misuse of process, by false claims, or by taking advantage of procedural delays.”The Bench, however, clarified that “At the same time, the determination of such status must be made through a process which is fair, lawful and reasoned. The statutory burden under Section 9 of the 1946 (Foreigners) Act remains fully applicable. The remand being directed by this Court is not intended to dilute that burden, nor is it intended to confer any equity in favour of a person who is unable to establish his or her claim in accordance with law.”The top court said, “It is only to ensure that the serious consequence of being declared a foreigner follows from an adjudication which satisfies the requirements of the 1946 (Foreigners) Act, the 1964 (Foreigners Tribunals) Order, and the constitutional mandate of fairness.”It asked the appellants to cooperate with the proceedings and not to seek unnecessary adjournments. “If any appellant fails to appear before the concerned Tribunal within the time granted by this Court, or having appeared, fails to cooperate with the proceedings, it shall be open to the concerned Tribunal to proceed further in accordance with law,” it ordered.“Until fresh opinions are rendered by the concerned Tribunals, no coercive steps shall be taken against the appellants on the basis of the opinions which have been set aside by this judgment, subject to the appellants appearing before the concerned Tribunals and cooperating with the proceedings,” it said.The concerned Tribunals shall endeavour to decide the references as expeditiously as possible, preferably within six months from the date on which the appellants first appear before them pursuant to this judgment.“In the matters falling in this category, the proceedings had become ex parte effectively at the stage when the appellants were required to continue their defence or adduce evidence. The consequence is that the declarations against them were made without a complete adjudication on the material which they seek to place before the statutory forum.“In view of the serious consequences which follow such declarations, and to ensure that the determination of status is made after a complete and reasoned adjudication, we consider it appropriate to remit these matters also to the concerned Tribunals,” the Bench said.However, it clarified that “This remand is not to be understood as approval of the conduct of the appellants in defaulting before the Tribunal. It is granted only as one final opportunity, keeping in view the nature of the determination and the consequences which may follow.”