Md. Rahim Ali @ Abdur Rahim vs. The State of Assam & Ors.

Not available · 2024 INSC 511Decided 11 Jul 2024
Not available
Justice Vikram Nath · Justice Ahsanuddin Amanullah

Background

The appellant, a resident of Assam, had documentary evidence (including his and his parents' names appearing in voter lists dating back to 1965, 1970, 1985, and 1997) supporting his claim to Indian citizenship. In 2006, a case was referred to the Foreigners Tribunal, Nalbari, doubting his nationality. Proceeding largely ex-parte (the appellant was unwell and could not file a written statement in time), the Tribunal declared him a foreigner in 2012 for failing to discharge his burden under Section 9 of the Foreigners Act, 1946, citing minor discrepancies such as spelling variations and dates of birth across documents. The Gauhati High Court upheld the Tribunal's order, and the appellant approached the Supreme Court, which in the course of the appeal directed the Tribunal to re-examine his documents; the Tribunal's 2017 fresh report again went against him.

Decision Breakdown

The Supreme Court allowed the appeal, quashed both the Tribunal's fresh report and its original 2012 order, and set aside the High Court's judgment, declaring the appellant an Indian citizen, not a foreigner. The Court undertook a detailed review of precedent (including Sarbananda Sonowal I & II and Union of India v. Ghaus Mohammad) and clarified the two-stage process under the Act: before the reverse burden of proof under Section 9 can be shifted onto a person to prove they are not a foreigner, the authorities must first show some foundational material or "reason to believe" justifying the reference in the first place: the burden does not automatically fall on a citizen the moment a case is registered against them. Since being declared a foreigner carries severe consequences (detention and deportation, potentially rendering a person stateless), the Court held such statutes must be interpreted strictly and with reference to constitutional guarantees like Articles 14 and 21. On the facts, the minor discrepancies in the appellant's documents (largely due to transliteration/spelling variations, common in Indian records) were not sufficient to disbelieve his consistent, decades-long documentary trail establishing Indian citizenship.

Lesson Learnt

In "foreigner" determination proceedings under the Foreigners Act, authorities cannot simply invoke the reverse burden of proof against a person without first showing some credible foundational basis for suspecting the person's citizenship, and minor clerical or spelling discrepancies across old government records, by themselves, are not enough to strip a long-documented Indian resident of citizenship.

Constitutional LawSupreme Court of India

Federation of Medical and Sales Representatives Associations of India & Ors. v. Union of India & Ors.

This is an interim order, not a final judgment. The Court recorded the Union of India's proposal to set up a fresh three-member Committee to examine the issue and recommend a regulatory or statutory framework. It directed the Union to constitute the Committee within two weeks, directed the Committee to consult the petitioners, intervenors and other stakeholders and report within two months of its first meeting, and asked the Union to file a compliance affidavit. Citing the separation of powers, the Court declined to decide for itself whether the Code should become law, and listed the matter on 29 January 2027.

Decided 8 Oct 2026Read case
Constitutional LawDelhi High Court

Sirajuddin Qureshi & Ors. vs. Union of India & Ors.

The Court held that a bank's fear that the petitioners might flee, or its unresolved financial claim, cannot by itself justify keeping an LOC alive indefinitely, especially where the petitioners' bail conditions impose no travel curbs and their track record shows no misuse. It quashed the LOCs issued at the banks' instance, while leaving the LOCs issued at CBI's instance to be addressed through an application before the trial court (since those criminal proceedings are still pending there).

Decided 7 Oct 2026Read case
Constitutional LawDelhi High Court

Lawyers Voice vs. Union of India & Ors. and connected matters

The Court dismissed the entire batch, holding that no exceptional circumstance justified registering further FIRs, setting up an independent investigative mechanism, ordering wholesale further investigation into police conduct, issuing blanket evidence-preservation directions, or granting further compensation or rehabilitation directions. It noted that more than six years had passed since the riots, that compensation had largely been disbursed, and that statutory remedies remained available to victims. The Court made clear this was without prejudice to any individual's right to pursue remedies in law, and dismissed the petitions with no order as to costs.

Decided 5 Oct 2026Read case
Constitutional LawDelhi High Court

Shayaan Mujeeb vs. State & Ors. and connected matters

The Court dismissed the entire batch of petitions after finding that the allegations about the December 2019 events had already been examined by a competent statutory body and were being investigated under the ordinary criminal law, with related proceedings pending before competent courts. The Court held there was no ground for an independent inquiry mechanism, transfer of investigation, registration of new criminal cases, award of compensation, fresh guidelines, or further consequential directions. It also held that Article 226 of the Constitution is meant for enforcing enforceable legal rights, not for open-ended directions. The petitions were dismissed with no order as to costs, and any individual may still pursue remedies available in law.

Decided 5 Oct 2026Read case
Constitutional LawDelhi High Court

Pushpendra Singh Parmar vs. President/Vice President/General Secretary, ICSI

The Court held that the dispute was, at its core, a personal grievance between the petitioner and a private company (UC Web Mobile Pvt. Ltd.), not a matter properly brought before the Court under Article 226's extraordinary writ jurisdiction. It held that Article 226 is not meant to be a forum for airing personal disputes or pursuing a private adversary merely because a representation went unanswered. The petition was dismissed, with liberty given to the petitioner to pursue appropriate legal remedies directly against the company.

Decided 29 Sept 2026Read case
Constitutional LawDelhi High Court

Glenmark Pharmaceuticals Limited & Anr. vs. Union of India & Ors.

Relying on its own 2025 ruling on a near-identical earlier notification concerning the same drug combination, the Court held that since the notification used the word "shall" without any express provision for retrospective effect, and took effect only upon Gazette publication, it operates prospectively from 18.08.2026 and cannot be applied to stock manufactured earlier. The Court disposed of the petition on terms: Glenmark must label all stock made after 18.08.2026, publish clear public notices in one English and one Hindi national newspaper and issue advisories to doctors, chemists and retailers within two weeks, and file an affidavit detailing pre-notification stock within four weeks, subject to which no coercive recall action under Section 28B would be taken against it.

Decided 18 Sept 2026Read case