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ACHINTYA MALLA BUJOR BARUA, ARUN DEV CHOUDHURY
Forman Khan S/o Late Shangsher Khan – Appellant
Versus
Union Of India and Notice Through The Secretary To The Govt Of India, Min Of Home Affairs, Shastri Bhawan, Tilok Marg, New Delhi – Respondent
JUDGMENT :
A M Bujor Barua, J.
Heard Mrs. BD Sarma, learned counsel for the petitioner. Also heard Ms. L Devi, learned CGC for the respondents No.1 and 6 being the Union of India and the authorities under the NRC, Ms. A Verma, learned standing counsel Foreigners Tribunal for the respondents No.2 and 4, being the authorities under the Home Department, Government of Assam as well as the Superintendent of Police (Border), Barpeta, Mr. AI Ali, learned standing counsel for the respondent No.5 being the Election Commission of India, Ms. K Phukan, learned Government Advocate for the respondent No.3 being the Deputy Commissioner, Barpeta.
2. The petitioner Forman Khan was subjected to his name being marked ‘D’ in the voters’ list of 1997 of village Belortari, PS Barpeta, Barpeta district. Accordingly a reference was made to the Foreigners’ Tribunal No.1, Barpeta for rendering an opinion as to whether the petitioner is a person who had entered the State of Assam subsequent to 25.03.1971 and in the process IMDT Reference Case No.81/1997 renumbered as F.T. Case No.145/2017 was registered.
3. The Foreigners’ Tribunal No.1, Barpeta by its opinion dated 05.04.2019 had opined that the petitioner coul
The burden of proof rests on the claimant to provide consistent documentary evidence. When significant discrepancies exist in age, identity, and genealogical links across historical records, such evi....
Point of Law : Merely because the name of a person does not appear in all voters list, it cannot be a ground to disbelieve the presence in India when there are other clear evidence as in the present ....
A person shall be deemed to be of an Indian origin, if he, or either of his parents or of any of his grandparents was born in undivided India and as such, these provisions of Section 6A would cover p....
The burden of proving citizenship lies with the individual, and failure to establish this results in the presumption of foreign status under the Foreigners Act.
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