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M. R. PATHAK, MRIDUL KUMAR KALITA
Minu Das – Appellant
Versus
Union of India – Respondent
JUDGMENT :
MRIDUL KUMAR KALITA, J.
1. Heard Mr. S.C. Biswas, learned counsel appearing for the petitioner and Mr. U.K. Goswami, learned Central Government Counsel for the respondent No. 1. Also heard Mr. J. Payeng, learned Standing Counsel, Home Department, Assam for the respondent No. 2, as well as Mr. P. Sarma, learned Additional Senior Government Advocate, Assam for the respondent No. 3.
2. This writ petition has been filed by the petitioner, namely, Smt. Minu Das impugning the opinion/order, dated 15.03.2017, passed by the learned Foreigners Tribunal No. 6, Tezpur at Sootea in the Case No. F.T.C. (6) 17/2015, whereby, she was declared as a Foreigner, who entered into India (Assam) after 25.03.1971.
3. By order dated 31.05.2017, passed in this case, this Court issued notice to the respondents and the case record of Case No. F.TC.(6)17/2015 was called for from the Foreigners Tribunal No. 6 Tezpur at Sootea and the petitioner was given interim protection from being deported from India until further orders.
4. On perusal of the case records of F.TC.(6)17/2015, it reveals that initially the reference was made against the petitioner under the Illegal Migrants (Determination by Tribunals)
The burden of proving citizenship lies on the individual claiming it, necessitating admissible and reliable evidence to establish linkage with parents.
The burden of proof for citizenship lies with the individual, requiring reliable evidence and clear documentation to establish claims.
The burden of proving citizenship lies with the individual claiming it, and mere oral testimony is inadequate without corroborating documentary evidence.
The judgment establishes that the burden of proof for citizenship lies with the individual, requiring admissible and reliable evidence to counter claims of foreign status.
The burden of proving citizenship lies with the individual, requiring credible documentary evidence to substantiate claims of nationality.
The burden of proof lies on the individual asserting citizenship to establish their linkage with legacy persons and provide evidence based on personal knowledge. Documentary evidence alone may not su....
The burden of proof for citizenship lies with the individual asserting it, requiring credible evidence to substantiate claims.
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 for citizenship lies with the individual asserting it, particularly under the Foreigners' Act, and the petitioner failed to establish her claims adequately.
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