Back
THE HIGH COURT OF GAUHATI (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
KALYAN RAI SURANA, MALASRI NANDI
Samir Dey S/o- Late Manindra Lal Dey – Appellant
Versus
Union Of India – Respondent
ORDER :
K.R. Surana, J.
Mr. S. Parashar, learned counsel for the petitioner is present. Heard Mr. J. Payeng, learned Standing Counsel for F.T. matters; Mr. M. Islam, learned counsel on behalf of Mr. A. Ali, learned Standing Counsel for ECI and Mr. H.K. Hazarika, learned Government Advocate for the State.
2) Pursuant to order dated 08.09.2023 the records of the Tribunal have been received. Perused the same.
3) On a query to the learned counsel for the petitioner as to whether he had perused the Tribunal’s record, he replied in the negative. Therefore, as he would not be able to render assistance to the Court without perusing the records, the Court has declined to hear the learned counsel for the petitioner.
4) Records reveal that pursuant to the notice issued by the learned Tribunal, the petitioner had appeared before the Foreigners’ Tribunal 2nd, Dibrugarh. However, he had not filed his written statement despite several opportunities being granted and he had also remained absent on call on several dates. Therefore, by an order dated 14.09.2021 bailable warrant of arrest was issued. Accordingly, on the next date fixed i.e. 04.10.2021, the petitioner appeared before the learned Tribunal
The rejection of documentary evidence by the Tribunal was deemed perverse due to improper evaluation of authenticity and lack of legal grounds.
The Foreigners Tribunal must adhere to due process and cannot declare family members as foreigners without proper reference and sufficient evidence.
The burden of proof for establishing citizenship lies on the individual, necessitating credible and coherent evidence, which must be reliable and consistent.
The main legal point established in the judgment is the importance of proper evaluation and appreciation of evidence in determining citizenship claims, as well as the application of the burden of pro....
Point of Law : When person specially a woman appears before Tribunal stating that she is daughter of a person who was a resident of Tripura and when there are sufficient evidences to show that her fa....
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 court upheld the Tribunal's decision declaring the petitioner a foreigner due to insufficient evidence of citizenship, emphasizing the importance of credible documentation.
Review petitions in citizenship cases require new evidence or errors apparent on record, not mere re-hearing of previous arguments.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
