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MANASH RANJAN PATHAK, MRIDUL KUMAR KALITA
Sati Baishya @ Sati Mitra@ Saraswati Baishya, D/O. Sailesh Mitra – Appellant
Versus
Union of India, Represented through the Ministry of Home Affairs, Griha Mantralaya, New Delhi – Respondent
JUDGMENT :
Mridul Kumar Kalita, J.
1. Heard Mr. S. C. Biswas, learned counsel for the petitioner. Also heard Mr. J. Payeng, learned Standing Counsel for the Home Department, Assam for respondent Nos. 2 and 6. Also heard Mr. H. Kuli, learned counsel appearing on behalf of Mr. A.I. Ali, learned Standing Counsel, Election Commission of India for the respondent No. 3. Also heard Mr. P. Sharma, learned Additional Senior Government Advocate, Assam for respondent No. 5.
2. This writ petition has been filed by the petitioner, namely, Smt. Sati Baishya @ Sati Mitra @ Saraswati Baishya, impugning the judgment and opinion dated 05.09.2018, passed by the learned Foreigners Tribunal (7th), Sonitpur, Balipara, in Case No. FTDC. 665/2016, whereby the petitioner was declared as a foreigner, who had illegally entered into India (Assam) on or after 25.03.1971.
3. The facts relevant for consideration of the instant writ petition, in brief, are as follows:
The judgment underscores the critical need for accurate identification and credible evidence in citizenship determinations under the Foreigners Act.
The burden of proving citizenship lies with the individual claiming it, and mere oral testimony is inadequate without corroborating documentary evidence.
A foreigner's status must be proven by credible and verifiable evidence linking them to claimed Indian ancestors; mere appearances in voter rolls are insufficient.
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.
Review petitions in citizenship cases require new evidence or errors apparent on record, not mere re-hearing of previous arguments.
The burden of proof for citizenship lies with the individual claiming it, and failure to provide credible evidence results in a declaration of foreigner status.
The burden of proof for citizenship lies with the individual, requiring reliable evidence and clear documentation to establish claims.
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