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KALYAN RAI SURANA, SUSMITA PHUKAN KHAUND
BEGUM ZAN W/O MANSUR ALI – Appellant
Versus
UNION OF INDIA, REP. BY SECRETARY, NEW DELHI – Respondent
JUDGMENT :
KALYAN RAI SURANA, J.
1. Heard Mr. A.S. Tapadar, learned counsel for the petitioner. Also heard Mr. J. Payeng, learned standing counsel for FT matters, appearing for respondent nos. 2, 3 and 7, Ms. P. Barua, learned standing counsel for respondent no. 4, and Mr. G. Sarma, learned standing counsel for respondent no. 5.
2. By filing this writ petition under Article 226 of the Constitution of India, the petitioner has prayed for a direction to extend the time limit for registering with FRRO, Barpeta vide opinion dated 29.06.2020, passed by the learned Member, Foreigners Tribunal No. 11th, Barpeta in (Bpt/11th) F.T. 1437/2017 [P.E. No. IM(D)T Case No. 2535/97, dated 19.12.97].
3. It may be mentioned that the reference made against the petitioner was answered by holding that the petitioner has entered into Assam after 01.01.1966 but before 25.03.1971 and that the petitioner has failed to prove that she and her father had come to Assam before 01.01.1966. Nonetheless, it was provided in the opinion that the petitioner may register herself with the concerned FRRO in accordance with the provisions prescribed under section 6A (3) of the Citizenship Act, 1955 within 30 (thirty) days fr
The Supreme Court's decision in paragraph 218(d) of In Re: Section 6A of the Citizenship Act, 1955, is binding, stating that foreigners detected between 01.01.1966 and 24.03.1971 must register within....
The court established that the High Court has the discretion to allow belated registration for individuals declared foreigners when procedural clarity is lacking.
The burden of proving citizenship lies with the individual claiming it, and mere oral testimony is inadequate without corroborating documentary evidence.
Parliament possesses the power to enact laws regarding citizenship under Article 11 of the Constitution, even if they appear to conflict with other provisions in Part II. Section 6A's classification....
The burden of proof for citizenship lies with the alleged foreigner, and failure to establish this can lead to a declaration of illegal migration.
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