IN THE HIGH COURT OF GAUHATI
Manojit Bhuyan, Parthivjyoti Saikia, JJ.
Nur Begum - Appellants
Vs.
The Union of India and Ors. - Respondent
WP(C) 1900/2019
Decided On : 18-02-2020
Foreigners' Act, 1946 - Section 2(1)(a) and 9 - Citizenship - Foreigner - Petitioner assails opinion passed by Foreigners 'Tribunal Jorhat, Assam, declaring her to be a foreigner - Whether proceedee is a foreigner or not – Held, Relevant facts being especially within knowledge of proceedee, therefore, burden of proving citizenship absolutely rests upon proceedee, notwithstanding anything contained in Evidence Act, 1872 - This is mandated under section 9 of aforesaid Act, 1946 - In instant case and as observed above, petitioner not only failed to discharge burden but also utterly failed to make proof of most crucial aspect, that is, in establishing linkage to her projected parents and/or grandfather - Tribunal refused to admit admissible evidence and/or that findings finds no support by any evidence at all - In other words, petitioner has not been able to make out any case demonstrating any errors apparent on face of record to warrant interference of impugned opinion - Petition dismissed.
ORDER :
Manojit Bhuyan, J.
1. Heard Mr. H.R.A. Choudhury, learned senior counsel for the petitioner as well as Ms. G. Hazarika, learned counsel representing respondent No. 1. Also heard Ms. B. Das, learned counsel represents respondent No. 2; Mr. A. Kalita, learned counsel represents respondent Nos. 3, 5 and 6 and Ms. U. Das, learned counsel for respondent No. 4.
2. Petitioner assails opinion dated 24.01.2019 passed by the Foreigners 'Tribunal Jorhat, Assam in Case No. FTG(D) 100/2007, declaring her to be a foreigner as per section 2(1)(a) of the Foreigners' Act, 1946.
3. For the purpose of discharging burden as required under section 9 of the Foreigners Act, 1946 to prove that petitioner is not a foreigner, she exhibited as many as 8 (eight) documents, the particulars of which may be noticed as under:
(ii) Exhibit-2 - Certificate dated 31.08.2014 issued by the Government Gaonburah of Dulia Gaon in the name of Raju Hussain, certifying that the petitioner is the third daughter of Raju Hussain and the petitioner got married in the year 2001 with Saijumuddin Ahmed.
(iii) Exhibit-3 - Caste Certificate dated 07.06.2000 in favour of the petitioner issued by the Chairman, Sub-Divisional O.B.C. Development Board, Golaghat, certifying that the petitioner is the daughter of Raju Hussain of Habigaon P.O. Rangamati in the district of Golaghat, Assam belongs to Jolha community.
(iv) Exhibit-4 - Copy of Voter List of 1997, in the name of one Jamila Nisha, aged 60 years, projected as grandmother and one Raju Hussain, aged 45 years, projected as father of the petitioner of village Dulia, PS. - Debgaon, district-Golaghat, Part No. 62 under 96 Khumtai Assam LAC
(v) Exhibit-5 - Copy of Voter List of 1966, in the name of one Jenurathdin projected as grandfather of the petitioner of village Dulia, PS. - Debgaon, district-Sivasagar, Part No. 39 under 98 Debgaon LAC.
(vi) Exhibit-6 - Copy of Voter List of 1966, in the name of one Jamunadin showing relation with one Jenurathdin of village Duliahgaon, PS. - Debgaon, district-Sivasagar, Part No. 39 under 98 Debgaon LAC
(vii) Exhibit-7 - Copy of Jamabandi for surveyed villages which includes Duliagaon village and at SI. No. 6 name of Rajen AN who is stated to be the projected father of the petitioner is also reflected along with others.
(viii) Exhibit-8 - Elector Photo Identity Card of one Jahorun Hussain, projected mother of the petitioner.
4. Petitioner examined herself as D.W. 1. One Jahurun Begum, projected as mother of the petitioner deposed as D.W. 2.
5. Apart from the documents produced and exhibited, as above, no other documents, as admissible in evidence, were brought on record to demonstrate and establish any kind of relationship/linkage to the projected father Raju Hussain, grandfather Janurathdin and grandmother Jamila Nisha. The documents brought on record for the purpose of establishing linkage to the projected father Raju Hussain was the School Certificate at Exhibit-1 issued by the Headmaster of Dooria Bagicha School, where petitioner read upto Class-IX in the year 2000; Certificate at Exhibit-2 issued by the Government Gaonburah of village-Duliagaon in favour of the projected father Raju Hussain by certifying that the petitioner is the daughter of Raju Hussain and the Caste Certificate at Exhibit-3 issued in favour of the petitioner by certifying that the petitioner is the daughter of Raju Hussain and she belongs to Jolha Community. However, all the certificates rendered itself as inadmissible in evidence, inasmuch as, the authors were not examined to prove the Certificates and the contents thereof. Although an argument can be made that since the school in question at Exhibit-1 is a provinciali
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