Back
ACHINTYA MALLA BUJOR BARUA, ROBIN PHUKAN
Aklima Khatun D/o Md. Fazlul Hoque @ Fazal Hoque – Appellant
Versus
Union Of India – Respondent
JUDGMENT :
AM Bujor Barua, J.
Heard Ms. D. Ghosh, learned counsel for the petitioner. Also heard Ms. L. Devi, learned counsel for the respondent No.1 & 4 being the Union of India, Mr. G. Sarma, learned Counsel appearing for the Home Department of Government Assam for the respondent No.2, 6, 7 & 8, Mr. A.I. Ali, learned counsel for the respondent No.3 being the Election Commission of India and Ms. U. Das, learned Advocate for the respondent No.5 being the Deputy Commissioner, Bongaigaon.
2. The petitioner, namely, Aklima Khatun has been referred to the Foreigners’ Tribunal, Bongaigaon No.2 at Abhayapuri for rendering an opinion as to whether she is a person who had entered the State of Assam from the specified territory on or after 25.03.1971, resulting in registration of case No. BNGN/FT/93/2013. The Tribunal rendered an opinion dated 22.10.2021 declaring the petitioner to be a foreigner. Being aggrieved this Writ Petition is instituted.
3. In the Writ Petition, the petitioner relies upon the Voters List of 1965 of Village Bonbahar, Police Station Barpeta in Betbari Mouza of Barpeta District, which contains the name of Abul Hussen son of Rahmat Hussen at Sl. No.52 and Aliman Nessa wife
The judgment emphasizes the importance of complying with the requirements of the Evidence Act in establishing relationships and the need for special means of knowledge.
The burden of proving citizenship lies with the individual, requiring credible documentary evidence to substantiate claims of nationality.
A foreigner's status must be proven by credible and verifiable evidence linking them to claimed Indian ancestors; mere appearances in voter rolls are insufficient.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
