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M. R. PATHAK, MITALI THAKURIA
Humara Begum @ Jahanara Begum W/O- Sahab Uddin@ Sihab Uddin – Appellant
Versus
Union Of India Represented By The Secretary To The Government Of India, Ministry Of Home Affairs, New Delhi – Respondent
JUDGMENT :
M. Thakuria, J.
Heard Mr. A. S. Tapader, learned counsel for the petitioner as well as Mr. J. Payeng, learned Standing Counsel, Home Department, Assam for the respondent Nos. 2, 4 & 5. Also heard Mr. H. K. Hazarika, learned Government Advocate for the respondent No. 3.
2. None appears on behalf of the respondent No. 1, Union of India.
3. The brief facts of the case is that pursuant to a reference made by the Superintendent of Police (Border), Karimganj, vide Police Enquiry No.- D/3723/1999, the learned Member, Foreigners’ Tribunal-I, Karimganj registered a case under Section 2 of the Foreigners’ Act, 1946, being F.T. Case No. 367/2012 against the petitioner namely, Humara Begum. Subsequently, on transfer of the said F.T. Case No. 367/2012 from the Foreigners’ Tribunal-I, Karimganj it was renumbered as F.T. Case No. 61/2016 before the learned Member, Foreigners’ Tribunal-II, Karimganj, Assam, wherein, notice was initially issued to the petitioner on 04.05.2016 for her appearance in the said case. On receipt of notice of said F.T. Case No. 61/2016 the petitioner accordingly appeared before the learned Foreigners’ Tribunal-II Karimganj on 02.11.2016 and contested the case by su
The main legal point established is the requirement for link documents and the verification of contents in certificates to prove Indian citizenship under the Foreigners' Act, 1946.
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 burden of proof lies on the petitioner to establish citizenship, which was not met due to insufficient evidence linking her to her claimed lineage.
The burden of proving citizenship lies with the individual, requiring credible documentary evidence to substantiate claims of nationality.
Claimants asserting citizenship must substantiate their claims with credible evidence, failing which their claims may be dismissed as seen in foreigner cases.
The burden of proof for citizenship lies with the individual, requiring reliable evidence and clear documentation to establish claims.
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 lies on the individual asserting citizenship, requiring documentary evidence to establish lineage and citizenship, as per Section 9 of the Foreigners' Act, 1946.
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