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ACHINTYA MALLA BUJOR BARUA, ROBIN PHUKAN
Khudeja Khatun W/o Abu Bakkar Siddique – Appellant
Versus
Union Of India – Respondent
JUDGMENT :
AM Bujor Barua, J.
Heard Mr. A. Matin, learned counsel for the petitioner. Also heard Ms. L. Devi, learned counsel for the respondent No.1 being the Union of India, Mr. J. Payeng, learned counsel for the Home Department of Government of Assam being the respondent No.2, 4 and 5 and Ms. U. Das, learned Advocate for the respondent No.3 being the Deputy Commissioner, Goalpara.
2. The petitioner, namely, Khudeja Khatun was referred to the Foreigners’ Tribunal No.4, Goalpara 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 F.T. Case No.306/2015. The Tribunal rendered an opinion dated 30.01.2017, that the petitioner is a foreigner. Being aggrieved this Writ Petition being instituted.
3. The petitioner before the Writ Court relies on the Voters List of 1966 of Village (315) Deudhuturi, Police Station Lakhipur, Circle Balijana in Goalpara District, which contains the name of Fajal Hoque, son of Manir Uddin at Sl. No.45 and that of Sakina Khatun, wife of Fajal Hoque at Sl. No.51. The petitioner thereupon relies upon the Voters List of 1985 of Village (Ka) 315 Deud
Point of law: Citizenship - Merely because a witness or a proceedee has not produced the land document, it would be sufficient to draw an adverse inference that he is not an Indian.
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.
The burden of proof lies on the individual to establish their citizenship under the Foreigners Act, 1946, and presenting reliable and verified evidence is crucial to prove citizenship status.
The burden of proof for citizenship lies on the individual asserting it, and discrepancies in evidence can lead to a declaration of foreigner status.
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