The burden of proof on the suspect to establish citizenship and the consequences of failing to discharge that burden, as well as the requirement for reasoned orders in cases before the Foreigners' Tribunal.

JUDGMENT :

M. R. Pathak, J.

Heard Mr. A. S. Tapader, learned counsel for the petitioner and Mr. K. K. Parasar, learned Central Government Counsel for the respondent No. 1. Also heard Mr. J. Payeng, learned Standing Counsel, Home & Political Department, Assam for the respondent Nos. 2, 3, 5, 6, 7 and 9; Mr. P. Sharma, learned Additional Senior Government Advocate, Assam for the respondent No. 4 and Mr. A. I. Ali, learned Standing Counsel, Election Commission of India for the respondent No. 8.

2. The petitioner has filed this petition on 25.01.2017 praying amongst others, to set aside and quash all and entire proceeding of Foreigners’ Tribunal Case No. F.T.C. (6) 331/2016 initiated against her under the Foreigners Act, 1946, pending before the learned Member, Foreigners’ Tribunal No.6, Sonitpur, Tezpur, Assam submitting that in an earlier proceeding under the Foreigners Act, 1946 that commenced on the reference made by the Superintendent of Police (Border), Sonitpur, Tezpur in S.P. Case No. 16/15, the learned Member, Foreigners’ Tribunal, 2nd, Sonitpur, Tezpur by order dated 26.05.2015 passed in F.T. Case No. 27/2015 opined that the petitioner is not a foreigner.

3. The petitioner contended that on another reference being made by the Superintendent of Police (Border), Sonitpur, Tezpur, the learned Member, Foreigners’ Tribunal No.6, Tezpur at Sootea, initiated a fresh proceeding under the Foreigners Act, 1946 by registering the Case No. F.T.C. (6) 331/2016, wherein notice was issued to her, which she received on 12.04.2016.

4. Petitioner stated that the earlier proceeding against her in F.T. Case No. 27/2015 was initiated on being referred by the Superintendent of Police (Border), Sonitpur, Tezpur and she alleged that the subsequent case against her was at the instance of the Officer-in-Charge of Sootea Police Station. As per the petitioner that fact is clear from the two notices of two different cases issued to her and the process by which she is harassed by police alleging that she is a foreigner. Hence, this writ petition by the petitioner.

5. The petitioner also stated that in the notice given to her in the earlier case, i.e., in F.T. Case No. 27/2015 her name was shown as Musstt. Jahanara Khatoon, whereas, in the subsequent case, i.e., in the Case No. F.T.C. (6) 331/2016 she was shown as Jahanara Begum, stating further that in both the cases name of her husband Md. Jamir Ali, her father late Harmuz Ali and her address resident of village Boktapatta, Police Station-Sootea, District-Sonitpur remained same.

6. Petitioner submitted that in the earlier case against her, i.e., in F.T. Case No. 27/2015 she filed her Written Statement and documents and was also examined as witness by the Tribunal concerned and on the basis of such evidence on record and the documents produced by her, submission of learned Assistant Government Pleader, the Foreigners’ Tribunal, 2nd, Sonitpur, Tezpur in F.T. Case No. 27/2015 being satisfied passed the order on 26.05.2015 that she was found not to be a foreigner which otherwise implies that she is a citizen of India.

7. Considering such submission of the petitioner, the Court in Motion stage, on 06.03.2017 while issuing notice to the respondents, passed an order requisitioning the case records of said Case No. F.T.C. (6) 331/2016 from the Foreigners’ Tribunal No.6, Sonitpur, Tezpur at Sootea and in the interim stayed the further proceedings of said Case No. F.T.C. (6) 331/2016 pending before the Foreigners’ Tribunal No.6, Sonitpur, Tezpur at Sootea.

8. We have perused the records of said Case No. F.T.C. (6) 331/2016 that was called for by the Court on 06.03.2017.

9. It is seen from the said record that the Superintendent of Police (Border), Sonitpur, Tezpur in F.T. Case No. 251/13 vide communication dated 13.09.2013 informed the Sub Inspector of Police (UB) of Sootea Police Station that it was learnt that Musstt. Jahanara Begum, wife of Jamir Ali of Village -Bokraputta under Sootea Police Station is a suspected