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ACHINTYA MALLA BUJOR BARUA, ROBIN PHUKAN
Bharati Rabidas D/o Ramprasad Rabidas – Appellant
Versus
Union Of India – Respondent
JUDGMENT :
A.M.Bujor Barua, J.
Heard Mr. A. Hawari, learned counsel for the petitioner; Ms. L. Devi, learned Standing Counsel for the respondent nos. 1 and 6; Mr. T. Pegu, learned Standing Counsel for the respondent no. 2; Ms. A. Verma, learned Standing Counsel for the respondent nos. 3 and 5; and Ms. U. Das, learned counsel for the respondent no. 4.
2. The petitioner, Bharati Rabidas had been referred to the Foreigners Tribunal No. 10, Dhubri for an opinion as to whether she is a person who entered the State of Assam from the specified territory after 25.03.1971 resulting in registration of FT-10/AGM/646/2017. By the order dated 18.09.2018, the Foreigners Tribunal gave an opinion that the petitioner is a foreign citizen who entered the State of Assam subsequent to 25.03.1971. Being aggrieved, this writ petition is instituted.
3. The petitioner relies upon the Voters’ List of 1966 of area no. 943 Mouza Balrampur district Kooch Behar in the State of West Bengal wherein at Serial No. 199 the name of Rabidas Ramprasad, son of Sahadeb appears. Rabidas Ramprasad, son of Sahadeb rendered evidence before the Tribunal wherein in examination in chief he stated as extracted :
“O.P. Bharti Rabidas
The burden of proof for citizenship lies with the individual asserting it, requiring credible evidence to substantiate claims.
Failure to discharge the burden of proof under Section 9 of the Foreigners' Act, 1946, can result in a declaration of foreigner status.
The burden of proof under Section 9 of the Foreigners’ Act, 1946 requires individuals to establish their Indian citizenship, including proving linkage with projected parents and grandparents.
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....
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