Back
KALYAN RAI SURANA, SOUMITRA SAIKIA
Musstt Jamila Khatoon, W/o. Fakrul Islam, D/o. Fajar Ali Fakir – Appellant
Versus
Union Of India, Represented By The Secretary To The Govt. Of India, Department Of Home Affairs – Respondent
JUDGMENT :
(K.R. Surana, J.) :
Heard Mr. Bipin Chandra Das, learned counsel for the petitioner. Also heard Mr. S.K. Medhi, learned CGC, Mr. A.I. Ali, learned Standing Counsel for the Election Commission of India and Mr. G. Sharma, learned Standing Counsel for Foreigners’ Tribunal matters.
2. By filing this writ petition under Article 226 of the Constitution of India, the petitioner, namely Musstt. Jamila Khatoon, has assailed the opinion dated 16.03.2000, passed by the learned Member, Foreigners Tribunal 2nd, Nagaon in F.T. Case No. 1865/2011 [corresponding to S.P. Ref. Case No. 1471/1998], by which she was declared to be foreigner of post 25.03.1971 stream.
3. In her written statement, the petitioner has projected Miya Box as her grandfather, Fajar Ali @ Fajar Ali Fakir as her father and Kadbhanu as her mother. It was stated that name of her father appears in the voter list of 1965 in 86 Dhing L.A.C., Village Amlakhi, Mouza- Batradaba and that the name of the petitioner’s father and mother appears in the voter list of 1970 of same village. She has stated that her own name appears in the voter list of 1989 of 82 Roha L.A.C., Village- Babara Ati as Jamila Khatoon, wife of Fakrul and th
The court established that the burden of proof in citizenship cases lies with the petitioner, but the Tribunal must consider all relevant evidence presented.
Claimants asserting citizenship must substantiate their claims with credible evidence, failing which their claims may be dismissed as seen in foreigner cases.
The court upheld the Tribunal's decision declaring the petitioner a foreigner due to insufficient evidence of citizenship, emphasizing the importance of credible documentation.
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.
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 proof for citizenship lies on the individual asserting it, and discrepancies in evidence can lead to a declaration of foreigner status.
Citizenship requires establishing a direct, consistent bloodline linkage to an ancestor present before the specified cut-off date. Documentary evidence, such as voters' lists and residential certific....
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....
In citizenship proceedings, the burden of proof lies on the proceedee to establish a direct bloodline connection to an Indian ancestor. Identity documents are not conclusive proof of citizenship, and....
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
