THE GAUHATI HIGH COURT (THE HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
KALYAN RAI SURANA, KARDAK ETE
Sonabhan Bewa @ Sona Khatun – Appellant
Versus
Union of India – Respondent
JUDGMENT AND ORDER :
K.R. Surana, J.
Heard Mr. I.H. Saikia, learned counsel for the petitioner. Also heard Mr. G. Pegu, learned CGC for the Union of India, Mr. G. Sharma, learned standing counsel for the FT matters and Mr. H.K. Hazarika, learned Govt. Advocate for the State.
2. The matter was heard on 12.11.2024, but the judgment and order could not be delivered on time. Hence, the matter was re-heard again on09.04.2025.
3. By filing this writ petition under Article 226 of the Constitution of India, the petitioner has assailed the opinion dated 12.02.2018, passed by the learned Member, Foreigners Tribunal No.5th, Goalpara in FT Case No. FT/5/131/MA/2016, bearing FT Reference Case No. 582/08, by which the petitioner was declared to be a foreigner of post 1971 stream.
4. On receipt of notice of the proceedings, the petitioner has filed her written statement on 01.08.2016 and claimed that she was a bona fide citizen of India by birth and born and brought up at village Ramapara Pather, P.S. Baghbar, the then undivided Karup District in the year 1975 and her parents are Haran Sarkar and Gokuljan Nessa. She claims to be an illiterate woman. In her written statement, the petitioner has stated
The burden of proof for citizenship under the Foreigners Act lies with the proceedee, and insufficient evidence leads to the presumption of foreigner status.
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 lies on the proceedee to establish their citizenship status, and reliable and cogent documentary evidence is required to prove citizenship under the Citizenship Act, 1955.
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 burden of proof for citizenship lies with the individual claiming it, and failure to provide credible evidence results in a declaration of foreigner status.
The burden of proof to establish citizenship lies on the individual, and reliable and cogent documentary evidence is required to prove citizenship.
The burden of proof to establish citizenship lies on the person asserting it, requiring credible evidence of lineage and personal knowledge.
The burden of proof for citizenship lies with the individual, and mere documentation is insufficient without proper admissibility and proof.
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 with the individual asserting it, and mere production of documents is insufficient without proper proof.
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