Back
ACHINTYA MALLA BUJOR BARUA, MITALI THAKURIA
Forhad Ali S/o. Lt. Habi Rahman @ Habibar Rahman – Appellant
Versus
Union Of India – Respondent
JUDGMENT :
AM Bujor Barua, J.
Heard Ms. R. Choudhury, learned counsel for the petitioner. Also heard Ms. L. Devi, learned CGC appearing on behalf of respondents in the Union of India and the authorities under the NRC being the respondent Nos.1 & 6, Mr. P. Sarma, learned Government Advocate for the State respondents being the respondent No.3, Mr. G. Sarma, learned Standing Counsel representing the respondents Nos. 2 & 4, being the under the Home Deportment, and Mr. T. Pegu, learned counsel for the Election Commission of India being respondent No.5.
2. The petitioner, Forhad Ali, had been referred to the Foreigner’s Tribunal No.2, Bongaigaon at Abhyapuri, Assam for rendering an opinion as to whether he is a foreigner under the Foreigners Act, 1946 resulting in registration of Case No. BNGN/FT-2/APR/736/2016. The Tribunal rendered an opinion dated 29.10.2019 declaring the petitioner to be a foreigner. Being aggrieved this writ petition is instituted.
3. Before the Tribunal, the petitioner relied on the Voters List of 1966 as Exhibit-2; Voters List of 1970 as Exhibit-3; Voters List of 1985 as Exhibit-4; Voters List of 1989 as Exhibit-5; Voters List of 1997 as Exhibit-6; as well as the Vote
Point of Law : Supreme Court made an observation that in order to establish citizenship, normally, a person may be required to give evidence of (i) his date of birth, (ii) place of birth, (iii) name ....
The burden of proof to establish citizenship lies with the proceedee, and the evidence provided must be cogent and relevant to meet this burden.
In proceedings regarding nationality, the burden of proof rests solely on the individual. Judicial review is limited to the legality of the decision-making process, and the court cannot function as a....
A person who is suspected to be an illegal migrant collusively by matching and resembling similarly of names can picked up voter lists of 1966 and 1970 with help of internet communication system by c....
Learned Tribunal is required to re-examine the issue by taking into consideration explanation offered by petitioner about discrepancy and pass a fresh opinion as regards citizenship status of petitio....
Merely because documents were collected by petitioner during pendency of reference, it cannot be a ground to ignore same as documents have to be examined as regards the genuineness, authenticity, rel....
The burden of proof to establish citizenship under the Foreigners Act, 1946, rests on the proceedee and requires reliable, cogent, and acceptable evidence.
The petitioner failed to prove citizenship under the Foreigners Act, 1946, as the presented documentation was insufficient and lacked proper verification.
The burden of proof lies with the petitioner to establish citizenship through credible evidence, and discrepancies in documentation can lead to a declaration of foreign nationality.
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
