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ACHINTYA MALLA BUJOR BARUA, ARUN DEV CHOUDHURY
Ranjit Das, S/o. Lt. Nandal Lal Das – Appellant
Versus
Union of India And Rep. By The Ministry Of Home Affairs, New Delhi – Respondent
JUDGMENT :
AM Bujor Barua, J.
Heard Mr. A Matin, learned counsel for the petitioner. Also heard Mr. G Sharma, learned counsel for the Home and Political Department, Government of Assam, Ms. K Phukan, learned counsel for the Deputy Commissioner Karimganj and Ms. J. Sarma, learned CGC for the Union of India.
2. The petitioner Ranjit Das was referred to the Foreigner’s Tribunal-II, Karimganj for an opinion as to whether he is a person who had entered India subsequent to 25.03.1971, which resulted in registration of the FT Case No.831/2007. In order to establish that he is not a person who had entered India subsequent to 25.03.1971, the petitioner made his own deposition before the Tribunal which is extracted as below:
My father’s name is Nanda Lal Das.
I am by Caste Hindu.. My home is at Kaylaghat, Police Station- Patharkandi, District Karimganj, I reside at Village-…… Police Station…….. District…….. Where I am Cultivator.
O.S.A.
I am the O.P. of this Case. I was born in village- Uptakhali under Dharmanaga Police Station of North Tripura District of Tripura State. I cannot remember my date of birth. The name of my father is Nanda Lal Das. My father came to Kaylaghat in
The burden of proof lies on the individual asserting citizenship, requiring documentary evidence to establish lineage and citizenship, as per Section 9 of the Foreigners' Act, 1946.
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Point of Law : 12, 16. Under Section 9 of Foreigners' Act, 1946, burden is on proceedee to prove that she is not a foreigner, but a citizen of India and this burden never shifts.
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