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MANASH RANJAN PATHAK, MRIDUL KUMAR KALITA
Musstt. Saleha Begum W/o Md. Sanowar @ Sanur Ali – Appellant
Versus
Union Of India – Respondent
JUDGMENT :
(MRIDUL KUMAR KALITA, J)
1. Heard Mr. B.C. Das, learned counsel appearing for the petitioner and Mr. S.S. Roy, learned C.G.C for the respondent No.1, Union of India. Also heard Mr. A. Kalita, learned Standing Counsel, Home Department, Assam for the respondent Nos. 2, 3 and 5 as well as Mr. H.K. Hazarika, learned Government Advocate, for the respondent No.4.
2. This writ petition has been filed by the petitioner, namely, Musstt. Saleha Begum, impugning the order/opinion dated 30.03.2017, passed by learned Foreigners Tribunal No. 1, Nalbari in Case No. F.T. (Nal) Case No. (N) 3/2009, whereby the petitioner has been declared as a foreigner under the Foreigners Act, 1946, who had illegally entered into India (Assam) on or after 25.03.1971.
3. The gist of accusation in this case is that suspecting the petitioner to be a foreigner, an inquiry was conducted regarding the citizenship of the petitioner, during which the petitioner was suspected to be a foreigner. On the basis of the inquiry report,the Superintendent of Police (Border) Nalbari made a reference to the learned Foreigners’ Tribunal No. 1, Nalbari, for rendering the opinion regarding the citizenship status of the petition
The principle of res judicata applies to quasi-judicial decisions, requiring reasoned orders for binding effect in subsequent proceedings.
Point of Law : POCSO - In spite of burden of proof cast on the proceedee as provided under S. 9 of Foreigners Act, 1946, the standard of proof required is "preponderance of probability" and not proof....
The burden of proving citizenship lies with the individual claiming it, and mere oral testimony is inadequate without corroborating documentary evidence.
Point of Law – Indian Citizenship – Proof of - onus is on the procedee to prove that he is not a foreigner but an Indian, the standard of proof is preponderance of probability.
The principle of res judicata applies to proceedings before the Foreigners' Tribunal, and the earlier opinion of the Tribunal has a binding effect.
The burden of proving citizenship lies with the proceedee under Section 9 of the Foreigners Act, 1946, and failure to participate in proceedings results in the declaration of foreigner status.
The burden of proof to establish citizenship lies on the individual, and reliable and cogent documentary evidence is required to prove citizenship.
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