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ACHINTYA MALLA BUJOR BARUA, ROBIN PHUKAN
Rahimon Khatoon @ Rahima Khatun @ Rohimon Nessa – Appellant
Versus
Union of India – Respondent
JUDGMENT :
ACHINTYA MALLA BUJOR BARUA, J.
1. Heard Mr. FZ Mazumdar, learned counsel for the petitioner. Also heard Ms. L Devi, learned CGC for the respondents in the Union of India as well as the authorities under the NRC, Mr. A Ali, learned counsel for the authorities under the Election Commission of India, Mr. G Sarma, learned Special Standing Counsel, Foreigners Tribunal for the Home Department, Government of Assam as well as the Superintendent of Police (B) Goalpara and Ms. K Phukan, learned Government Advocate for the Deputy Commissioner, Goalpara.
2. The petitioner, namely, Rahimon Khatoon @ Rahima Khatun @ Rohimon Nessa was referred to the Foreigners Tribunal 4th Goalpara Assam for rendering an opinion as to whether she is a foreigner within the meaning of Foreigner Act, 1946 which resulted in the registration of F.T. Case No. FT(G-4)M/460/18 arising out of Ref. FT Case No. 623/08 wherein an opinion dated 30.12.2022 was rendered declaring the petitioner to be a person who had entered the State of Assam from the specified territory on or after 25.03.1971.
3. Being aggrieved this writ petition is instituted.
4. In the writ proceeding, the petitioner relies upon the voters list of 1
The judgment emphasizes the importance of complying with the requirements of the Evidence Act in establishing relationships and the need for special means of knowledge.
The court established that credible evidence of familial relationships is essential for determining citizenship status under the Foreigners Act, and such evidence must meet the standards set forth in....
The court established that the burden of proof in citizenship cases lies with the petitioner, but the Tribunal must consider all relevant evidence presented.
The burden of proof lies on the petitioner to establish citizenship, which was not met due to insufficient evidence linking her to her claimed lineage.
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 for citizenship lies on the individual asserting it, and discrepancies in evidence can lead to a declaration of foreigner status.
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