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KALYAN RAI SURANA, SOUMITRA SAIKIA
SONABHAN BIBI @ SONABHAN NESSA D/O SAGOR ALI SHEIKH – Appellant
Versus
UNION OF INDIA, REP. BY THE SECRETARY, NEW DELHI – Respondent
JUDGMENT :
KALYAN RAI SURANA, J.
1. Heard Mr. M. Shelim, learned counsel for the petitioner. Also heard Mr. M. Adhikari, learned CGC, Mr. A.I. Ali, learned Standing Counsel for the Election Commission of India and Ms. A. Verma, learned Standing Counsel for Foreigners’ Tribunal matters.
2. By filing this writ petition under Article 226 of the Constitution of India, the petitioner, namely Sonabhan Bibi @ Sonabhan Nessa, has assailed the opinion dated 15.10.2019, passed by the learned Member Foreigners Tribunal No. 8th, Goalpara in F.T. Case No. 754/2017 [corresponding to IM(D) T Case No. 407/2000], by which she was declared to be foreigner of post 25.03.1971 stream.
3. In order to discharge her burden to prove that the petitioner is not a foreigner, as required under section 9 of the Foreigners Act, 1946, in her written statement the petitioner has projected late Sagor Ali Sheikh, son of late Moyjuddin as her father and late Mojiron Bibi as her mother, whose name appear in the National Register of Citizen (NRC for short) details, 1951 of village 189 Kashiartari, under Lakhipur Police Station District Goalpara. She has also projected Omar Kaji as her elder brother, who along with his pare
The court established that all relevant evidence, including police verification and voter lists, must be considered in citizenship determinations under the Foreigners Act.
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 on the petitioner to establish citizenship, which was not met due to insufficient evidence linking her to her claimed lineage.
Claimants asserting citizenship must substantiate their claims with credible evidence, failing which their claims may be dismissed as seen in foreigner cases.
If a proceedee has disclosed credible relevant facts on the basis of which he is claiming citizenship, it will be incumbent upon the State to, in our opinion, verify these facts and if necessary, lea....
Point of law: Citizenship - Merely because a witness or a proceedee has not produced the land document, it would be sufficient to draw an adverse inference that he is not an Indian.
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 court established that the burden of proof in citizenship cases lies with the petitioner, but the Tribunal must consider all relevant evidence presented.
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