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AM BUJOR BARUA, ROBIN PHUKAN
Jagabandhu Mazumder, S/o- Lt Shirish Mazumder – Appellant
Versus
Union Of India, Rep. By The Secy. , Ministry Of Home Affairs, Govt. Of India, New Delhi – Respondent
JUDGMENT :
AM Bujor Barua, J.
Heard Mr. B.K. Kar, learned counsel for the petitioners. Also heard Ms. L. Devi, learned counsel for the respondent No.1 being the Union of India and learned counsel for the respondent No.4 being the authorities under the NRC, Mr. G. Sarma, learned Counsel appearing for the Home Department of Government Assam being the respondent No.3 and 5, Mr. A.I. Ali, learned counsel for the respondent No.2 being the Election Commission of India, and Ms. U. Das, learned Government Advocate for the respondent No.6 being the Deputy Commissioner, Goalpara.
2. The petitioners, namely, petitioner No.1 Jagabandhu Mazumdar and other family members were referred to the Foreigners’ Tribunal No.1, Morigaon for rendering an opinion as to whether they are persons who had entered the State of Assam from the specified territory on or after 25.03.1971, resulting in registration of F.T. Case No.362/2008.
3. On 08.10.2018, the Foreigners’ Tribunal No.1, Morigaon rendered an opinion in F.T. Case No.362/2008, which was against them and being aggrieved by the said opinion, this Writ Petition was instituted by the petitioners.
4. In the Writ Proceeding, for the purpose of petitioner No.1 Ja
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 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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