The burden of proof lies with authorities to substantiate claims of foreign nationality, and failure to provide adequate evidence violates principles of natural justice.

JUDGMENT :

AHSANUDDIN AMANULLAH, J.

I.A. No.58315 of 2017 [Condonation of Delay] is allowed, keeping in mind the peculiar facts and circumstances herein. I.A. No.58325 of 2017 [Exemption from filing Certified Copy of the Impugned Judgment], being formal in nature, is also allowed.

2. Leave granted.

3. The present appeal arises out of the Final Judgment and Order passed by a Division Bench of the Gauhati High Court at Guwahati (hereinafter referred to as the “High Court”) in Writ Petition (Civil) No.2668 of 2012 dated 23.11.2015 (hereinafter referred to as the “Impugned Judgment”) by which the Writ Petition filed by the appellant was dismissed and the order passed by the Foreigners Tribunal, Nalbari (hereinafter referred to as the “Tribunal”) dated 19.03.2012 passed in F.T. (Nal) Case No.(N)/1096/06 declaring the appellant to be a foreigner on the grounds that he failed to discharge his burden under Section 9 of the Foreigners Act, 1946 (hereinafter referred to as the “Act”) and failed to prove that he is not a foreigner, was affirmed.

THE FACTUAL PRISM:

4. The appellant claims that his parents’ names appeared in the Voter List of the year 1965 at Sl. Nos.71 & 72 showing the address as House No.17 in Village Dolur Pather, P.S. - Patacharkuchi, in the then district of Kamrup under 48 Bhabanipur Legislative Assembly Constituency in the State of Assam. It is further his claim that his parents’ names also appeared in the Voter List of the year 1970 at Sl. Nos.79 & 80 showing the same address. The appellant was born in the Village Dolur under Patacharkuchi Police Station in the District of Barpeta and his name was enrolled alongwith his family members in the voter list of 1985 which appeared in the additional amended voter list of 1985 at Sl. No.552 showing the same address. However, upon getting married in the year 1997, he left the joint family and shifted to his present place of residence i.e., village Kashimpur, P.O.- Kendu Kuchi, P.S. - Nalbari, in the district of Nalbari in the State of Assam. As a result of this, the appellant’s name was in the Voter List of the year 1997 at Sl. No.105 showing the address as House No.38 in Village Kashimpur, P.S. - Nalbari in the district of Nalbari under 61 No. Dharmapur LAC. In the year 2006, doubting his nationality, a case was registered in the Tribunal, Nalbari, being F.T. (Nal) Case No.(N)/1096/06, Police Reference No.948/04 and notice was served upon him.

5. The appellant’s daughter was issued a certificate by the Gaonbura of Kashimpur Village stating the residential status of the appellant/his daughter on 07.09.2010.

6. The appellant, on receipt of notice from the Tribunal, appeared on 18.07.2011, praying for time to file Written Statement but the same could not be done as the appellant claimed to be suffering from serious health issues.

7. On 12.09.2011, the Gaonbura of Village Dolur Pathar issued certificate to the appellant regarding his residential status. By ex-parte order dated 19.03.2012, the Tribunal held that the appellant had failed to discharge his burden under Section 9 of the Act and failed to prove that he is not a foreigner. The appellant also obtained a medical certificate issued by the consultant doctor of Civil Hospital, Nalbari dated 24.04.2012 stating that he was suffering from Chronic Bronchitis Respiration disturbance from 25.11.2011 to 24.04.2012. Upon becoming aware of the order dated 19.03.2012 of the Tribunal from his counsel, the appellant filed Writ Petition (Civil) No.2668 of 2012 on 30.05.2012 before the High Court.

8. In the said writ petition, the High Court by its interim order dated 06.06.2012 stayed the operation of the Tribunal’s order dated 19.03.2012 directing the authority not to deport the appellant during the pendency of the proceedings before itself. However, ultimately vide the order dated 23.11.2015, the High Court dismissed the Writ Petition, which is assailed herein.

SUBMISSIONS BY THE APPELLANT:

9. Learned counsel for the appellant submitted that h