IN THE HIGH COURT OF GAUHATI, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
HONOURABLE MR. JUSTICE KALYAN RAI SURANA, HONOURABLE MRS. JUSTICE MALASRI NANDI
Fakar Uddin S/o. Lt. Khaimuddin – Appellant
Versus
Union of India – Respondent
JUDGMENT :
K.R. Surana, J.
Heard Mr. A.R. Sikdar, learned counsel for the petitioner. Also heard Mr. S.P. Choudhury, learned CGC for the Union of India, Mr. A.I. Ali, learned counsel for the Election Commission of India; Mr. J. Payeng, learned standing counsel for FT matters; Mr. G. Sarma, learned standing counsel for N.R.C.; and Mr. P. Sarmah, learned Addl. Senior Govt. Advocate.
Challenge in this writ petition:
2) By filing this writ petition under Article 226 of the Constitution of India, the petitioner has assailed the opinion dated 21.08.2018, passed by the st learned Member, Foreigners Tribunal No. 1 , Barpeta, in F.T. Case No. 289/2016 [arising out of F.T. Ref. Case No. 25/16], thereby declaring the petitioner to be a foreigner, who has entered into India (Assam) on or after 25.03.1971.
Case of the petitioner before the Foreigners Tribunal:
3) In brief, the case of the petitioner is that upon service of notice, he had appeared and filed his written statement before the learned Tribunal and contested the proceeding. Later on, he had filed his additional written statement. The petitioner had denied that he was a foreigner and claimed that his parents were Indian citizens and he was
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 petitioner failed to provide sufficient evidence to prove his citizenship, resulting in the court upholding the Foreigners Tribunal's declaration of him as a foreigner.
Review petitions in citizenship cases require new evidence or errors apparent on record, not mere re-hearing of previous arguments.
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 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 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 concerning citizenship rests with the individual asserting citizenship; insufficient evidence leads to the designation as a foreigner, reaffirming that mere document submission is....
A person shall be deemed to be of an Indian origin, if he, or either of his parents or of any of his grandparents was born in undivided India and as such, these provisions of Section 6A would cover p....
The burden of proof concerning citizenship rests with the individual, and significant discrepancies in documentation can undermine one's claim of citizenship.
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....
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