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ACHINTYA MALLA BUJOR BARUA, ROBIN PHUKAN
Keshmati Namasudra D/O- Late Nemai Biswas – Appellant
Versus
Union Of India – Respondent
JUDGMENT :
A.M.Bujor Barua, J.
Heard Ms. D Ghosh, learned counsel for the petitioner. Also heard Ms. L Devi, learned CGC appearing on behalf of respondents in the Union of India as well as for the authorities in the NRC, Mr. J Payeng, learned counsel for the State respondents in the Home Department of Government of Assam, Mr. T. Pegu, learned counsel for the Election Commission of India and Mr. NK Das Das, learned counsel for the Deputy Commissioner, Kamrup(M).
2. The petitioner Keshmati Namasudra had been referred to the Foreigners Tribunal No. 4, Kamrup(M) for rendering an opinion as to whether she is a person who entered the State of Assam from the specified territory on or after 25.03.1971 resulting in registration of Case No. FTK(M)-4th -1345/2017, wherein an opinion dated 30.07.2022 was given that the petitioner is a foreigner. Being aggrieved, this writ petition is instituted.
3. In the writ proceeding, the petitioner relies on the voters list of 1971 of village Dipujijan Pam, Mouza mayang in the erstwhile Nagaon district presently Morigaon district, which contains the name of Nimai Biswas son of Ratanmani at serial No. 676 and Suradhani Biswas wife of Nimai at serial No. 677 an
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....
The Tribunal's failure to consider critical evidence invalidated its decision, necessitating a fresh review of the case.
The burden of proof for citizenship lies with the individual asserting it, and mere production of documents is insufficient without proper proof.
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