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ACHINTYA MALLA BUJOR BARUA, ROBIN PHUKAN
Subhash Ghosh @ Subhash Chandra Ghosh S/O Late Nityananda Ghosh – 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 being the Union of India and respondent No.4, Mr. J. Payeng, learned counsel for the Home Department of Government of Assam being the respondent No.2, 6, 7 & 8, Mr. T. Pegu, 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, Morigaon.
2. The petitioner, namely, Subhash Ghosh @ Subhash Chandra Ghosh was referred to the Foreigners’ Tribunal No.1, Morigaon for rendering an opinion as to whether he 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.F.T. (C) 809/2006. The Tribunal rendered an opinion dated 09.01.2020, that the petitioner is a foreigner. Being aggrieved this Writ Petition is instituted.
3. The petitioner before the Writ Court relies upon the Voters List of 1966 of Kharupetia Town, Ward No.3 in the present Darrang District, which contains the name of Nityananda Ghosh, son of Mahananda at Sl. No.630 and that of Mankhushi Ghosh, wif
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 : 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.
Failure to discharge the burden of proof under Section 9 of the Foreigners' Act, 1946, can result in a declaration of foreigner status.
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