Back
ACHINTYA MALLA BUJOR BARUA, ROBIN PHUKAN
Momtaj Begum, D/o. Late Abu Bakkar Miya, W/o. Tofijuddin – Appellant
Versus
Union Of India, Rep. By The Secretary To The Govt. Of India – Respondent
JUDGMENT :
(A.M. Bujor Barua, J)
1. Heard Mr. M.I. Hussain, learned counsel for the petitioner and Ms. L. Devi, learned counsel for the respondents No. 1 and 4, being the Union of India and the State Coordinator of NRC, respectively. Also heard Ms. A. Verma, learned counsel for the respondents No. 2, 6 and 7, being the authorities in the Home Department; Mr. A.I. Ali, learned counsel for the respondent No. 3, being the authorities in the Election Commission of India and Mr. T.R. Gogoi, learned counsel for the respondent No. 5, being the Deputy Commissioner, Bongaigaon.
2. The petitioner Momtaj Begum was referred to the Foreigners’ Tribunal No. 1, Bongaigaon 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 and accordingly Case No. BNGN/FT/63/10 was registered. In course of the proceeding, the petitioner presented a certificate from the Gaon Panchayat Secretary dated 18.01.2023 and made a prayer that the said certificate be accepted by claiming that it is a new discovery. The Tribunal on being not satisfied that it is a new discovery had rejected the prayer by arriving at its conclusion that
The burden of proof on individuals asserting citizenship under Section 9 of the Foreigners' Act, 1946, and the need for documentary evidence and verification of contents to establish citizenship.
The judgment establishes that the burden of proof for citizenship lies with the individual, requiring admissible and reliable evidence to counter claims of foreign status.
The court emphasized that documentary evidence is essential to establish citizenship claims under the Foreigners Act, and mere oral testimony is insufficient.
Under Section 9 of the Foreigners Act, 1946, the burden of proving citizenship lies squarely upon the proceedee. Judicial intervention via certiorari is restricted to the decision-making process; cou....
The burden of proving citizenship lies with the individual, requiring credible documentary evidence to substantiate claims of nationality.
Point of Law : Declaration as a foreign national of post - Registration of a person arises only when he/she is found to be an illegal entrant to this country from the specified territory between the ....
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
