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SUSMITA PHUKAN KHAUND, MANASH RANJAN PATHAK
Rejak Ali @ Md Abdul Rejak Son of Late Hayat Ali – Appellant
Versus
Union of India – Respondent
JUDGMENT :
Susmita Phukan Khaund, J.
1. Heard Mr. A.W. Aman, learned counsel for the petitioner. Also heard Mr. A.I. Ali, learned Standing Counsel, Election Commission of India for the respondent No. 2, Mr. A. Kalita, learned Standing Counsel, Home Department, Assam for the respondent Nos. 3 & 5 and Mr. R. Talukdar, learned Government Advocate, Assam for the respondent No. 4.
2. The petitioner in this case is Rejak Ali @ Md. Abdul Rejak. The Union of India, the Election Commission of India, the Home Department, the Deputy Commissioner (DC for short), Kamrup (R), the Superintendent of Police (B) [ SP (B), for short] – Kamrup (R) and NRC are arrayed as respondent Nos. 1, 2, 3, 4, 5 and 6 respectively.
3. The petitioner has filed this application challenging the order/opinion dated 22.11.2019 passed by the Member, Foreigners Tribunal No. 4, Kamrup (R) in connection with H.F.T. Case No. 1067/2015, declaring the petitioner an illegal migrant who had entered into India after 25.03.1971.
4. The genesis of the case was that the S.I.(B) of Hajo Police Station, was directed by the SP(B), of Kamrup, to enquire about the citizenship of the petitioner vide Memo No. KP(B)/IM(D)T/2002/2099 dated 30.05
The court reaffirmed that the burden of proof for citizenship lies with the claimant, requiring reliable evidence linking them to their ancestors.
Point of Law : Merely because of certain discrepancy in the name would not render a person to be liable to be declared as a foreigner.
The burden lies on the petitioner to provide reliable evidence establishing citizenship, which was not met, leading to the declaration of foreign status.
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....
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 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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