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MANASH RANJAN PATHAK, SUSMITA PHUKAN KHAUND
Nirakul Sarkar S/o Late Paresh Sarkar – Appellant
Versus
Union of India, Rep. by the Secretary, New Delhi – Respondent
JUDGMENT :
SUSMITA PHUKAN KHAUND, J.
1. Heard Mr. H.N. Sarma, learned counsel for the petitioner. Also heard Mr. G. Sarma, learned Standing Counsel, Home Department, Assam for the respondent Nos. 2 & 4, Mr. P. Sarma, learned Additional Senior Government Advocate, Assam for the respondent No. 3 as well as Mr. A.I. Ali, learned Standing Counsel, Election Commission of India for the respondent No. 5.
2. The petitioner Sri Nirakul Sarkar has filed this application under Article 226 of the Constitution of India, praying for issuance of a writ in the nature of mandamus, or certiorari or any other appropriate writ and set aside the impugned order/opinion dated 30.04.2011 passed by the learned Member, Foreigners Tribunal (1st) at Morigaon, Assam in F.T. (D) Case No. 229/2006. The Union of India, Commissioner & Secretary to the Government of Assam - Home Department, Deputy Commissioner - Morigaon, the Superintendent of Police (SP for short) - Morigaon, Commissioner - Assam State Election Commission, the State Coordinator of NRC and the Foreigners Tribunal (1st), Morigaon are arrayed as respondent Nos. 1, 2, 3, 4, 5, 6 and 7 respectively.
3. It is submitted that the petitioner is a layman and a
The judgment reinforces the necessity of adequate evidence in citizenship claims and the implications of procedural lapses in legal proceedings.
The burden lies on the petitioner to provide reliable evidence establishing citizenship, which was not met, leading to the declaration of foreign status.
In citizenship determination proceedings, the burden of proof lies on the individual to establish ancestral linkage through consistent, corroborated documentary evidence. Mere production of documents....
Point of Law : 12, 16. Under Section 9 of Foreigners' Act, 1946, burden is on proceedee to prove that she is not a foreigner, but a citizen of India and this burden never shifts.
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....
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 lies with the petitioner to establish citizenship through credible evidence, and discrepancies in documentation can lead to a declaration of foreign nationality.
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