THE HIGH COURT OF GAUHATI (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
KALYAN RAI SURANA, MALASRI NANDI
Jaynab Bibi D/o Late Kasem Ali – Appellant
Versus
Union Of India – Respondent
ORDER :
K.R. Surana, J
Heard Mr. A.S. Tapadar, learned counsel for the petitioner. Also heard Mr. G. Sarma, learned standing counsel for the FT matters, Mr. H.K. Hazarika, learned Govt. Advocate for the State and Mr. A.I Ali, learned standing counsel for the ECI.
2) By filing this writ petition under Article 226 of the Constitution of India, the petitioner has assailed the opinion dated 20.05.2017, passed by the rd learned Member, Foreigners Tribunal No. 3 , Morigaon, by which the petitioner was declared to be a foreigner.
3) In brief, the case of the petitioner is that on receipt of the proceedings, the petition had appeared before the Foreigners Tribunal and had submitted a written statement of defence, inter alia, stating that the investigation and enquiry by the Superintendent of Police (Border), Morigaon is based on false information and allegation. It was stated that the petitioner was born and brought up in village Muamari under Mouza- Dhing in the district of Nagaon. She is the daughter of Late Kasom Ali and her grandfather is Pasan Ali, whose name is enlisted in NRC 1951. She was married to Asmot Ali at village- Dakhin Kalikajari, where she resides with her husband and she ca
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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 court upheld the Tribunal's decision declaring the petitioner a foreigner due to insufficient evidence of citizenship, emphasizing the importance of credible documentation.
The burden lies on the petitioner to provide reliable evidence establishing citizenship, which was not met, leading to the declaration of foreign status.
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 proving citizenship lies with the individual, requiring credible documentary evidence to substantiate claims of nationality.
The burden of proof for citizenship lies on the individual asserting it, and discrepancies in evidence can lead to a declaration of foreigner status.
The burden of proof for citizenship lies with the individual, requiring reliable evidence and clear documentation to establish claims.
Illegal immigrant - Declaration as foreigner - petitioner's father and his grandfather were in-possession of certain property in Assam before 1971 - corroborating evidences to show that the petitione....
Review petitions in citizenship cases require new evidence or errors apparent on record, not mere re-hearing of previous arguments.
The burden of proof for citizenship lies with the individual claiming it, and failure to provide credible evidence results in a declaration of foreigner status.
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