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MANASH RANJAN PATHAK, SUSMITA PHUKAN KHAUND
Musstt. Lal Bhanu @ Lalbhanu Nessa W/o Md. Jarif Ali – Appellant
Versus
Union of India, Rep. by the Secretary, New Delhi – Respondent
JUDGMENT :
SUSMITA PHUKAN KHAUND, J.
1. Heard Ms. R.S. Deuri, 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 Musstt. Lal Bhanu @ Lalbhanu Nessa has filed this application under Article 226 of the Constitution of India with prayer for issuance of a writ in the nature of certiorari, mandamus or any other appropriate writ, quashing the opinion/order dated 30.04.2019 passed by the learned Member of Foreigners’ Tribunal (1st) Mangaldai in connection with F.T. Case No. 3057/2011, declaring the petitioner as a Foreigner/Illegal Migrant, who had entered into India (Assam) on or after 25.03.1971.
3. The genesis of the case was that the Superintendent of Police (Border) (SP for short), Mangaldai, Darrang through the Reference Case No. 134/2010 expressed his doubt over the nationality of Lal Bhanu, wife of Md. Jarif Ali (hereinafter referred to as the petitioner). Thereafter, F.T. Case No. 30
The judgment emphasizes the necessity of reliable evidence to establish citizenship claims and the burden of proof on the petitioner under the Foreigners Act, 1946.
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 proving citizenship rests entirely on the proceedee. Identification documents like voter cards or certificates do not constitute conclusive proof of citizenship, and appellate courts wi....
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....
The burden lies on the petitioner to provide reliable evidence establishing citizenship, which was not met, leading to the declaration of foreign 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....
Merely because documents were collected by petitioner during pendency of reference, it cannot be a ground to ignore same as documents have to be examined as regards the genuineness, authenticity, rel....
The burden of proof lies on the petitioner to establish citizenship, which must be supported by reliable evidence and proper documentation.
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.
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