Back
ACHINTYA MALLA BUJOR BARUA, ROBIN PHUKAN
Jagat Chetri @ Jagat Bahadur Chetri S/o Late Bauddhaman Chhetri – Appellant
Versus
Union of India – Respondent
JUDGMENT :
ACHINTYA MALLA BUJOR BARUA, J.
1. Heard Ms. D. Ghosh, learned counsel for the petitioner, Mr. P.K. Medhi, learned CGC for the respondent No. 1, Mr. G. Sarma, learned counsel for the respondents No. 2 and 3 being the authorities in the Home Department of the Government of Assam, Ms. L. Devi, learned counsel for the respondent No. 4 being the authorities in the NRC, Mr. A.I. Ali, learned counsel for the respondent No. 5 being the Election Commission of India and Ms. U. Das, learned counsel for the respondent No. 6 being the Deputy Commissioner, Kamrup (M).
2. The petitioner Jagat Bahadur Chetri had been referred by the Electoral Registration Officer (in short ERO) of 52 Dispur Legislative Assembly Constituency for an adjudication as to whether he is a citizen of India, in other words, whether he is a person who entered the State of Assam, subsequent to 25.03.1971 from the specified territory. The order of reference itself provides that the ERO had got the matter verified by on the spot local verification on the question as to whether the petitioner Jagat Bahadur Chetri had entered the State of Assam subsequent to 25.03.1971.
3. The on the spot verification report was submitted
The court established that proper procedural safeguards must be followed in citizenship determinations, emphasizing the necessity for thorough investigation and consideration of evidence by authoriti....
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 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 proof lies with the petitioner to establish citizenship, including providing adequate documentary evidence of lineage and continuous residence, which he failed to do.
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
