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THE HIGH COURT OF GAUHATI (HIGH CURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
KALYAN RAI SURANA, MALASRI NANDI
Beli Bewa D/o Late Shelku Sk – Appellant
Versus
Union of India – Respondent
JUDGMENT
M. Nandi, J
Heard Md. H.R. Ahmed, learned counsel for the petitioner. Also heard Ms.A. Verma, learned Standing Counsel, FT Matters; Ms. B. Sarma, learned counsel, CGC; Mr. H. Kuli for A.I. Ali, learned Standing Counsel, ECI; Mr. P. Sarmah, Additional Senior Govt. Advocate and Mr. G. Sarma, learned Standing Counsel, NRC.
2. By filing this application under Article 226/227 of the Constitution of India for issuance of a writ against the impugned opinion dated 09.01.2018, passed by the learned Member, Foreigner’s Tribunal (6), Bilasipara, Dhubri in F.T.6th /DBB/593/2017, whereby the petitioner has been declared as foreigner of post 1971.
3. The case of the petitioner is that the father’s name of the petitioner is Shelku Sk, mother’s name of the petitioner is Mohuron Bibi. The parents’ name of the petitioner has been enrolled in the voter list of 1959 and father’s name of the petitioner has also appeared in the voter lists of 1966 and 1970 under 36 Bilasipara Assembly Constituency, Vill. Barshi Pt.II, P.S. Bilasipara of the then Goalpara District (now-Dhubri).
4. The petitioner got married with one Kalam Sk of village Barshi Pt.II, P.S Bilas
The burden of proof for citizenship lies with the individual asserting it, and mere production of documents is insufficient without proper proof.
The burden of proving citizenship lies with the individual, and failure to establish this results in the presumption of foreign status under the Foreigners Act.
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.
The burden of proof for citizenship lies with the individual asserting it, requiring substantial evidence of birth and residence, and mere document production is insufficient.
The burden of proof for citizenship lies with the individual asserting it, requiring credible evidence to substantiate claims.
The burden of proof for establishing citizenship lies with the individual, requiring substantial evidence beyond mere documentation.
The burden of proof for citizenship lies on the claimant, and mere inclusion in voter lists does not suffice as admissible evidence to establish citizenship.
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 concerning citizenship rests with the individual, and significant discrepancies in documentation can undermine one's claim of citizenship.
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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