THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
KALYAN RAI SURANA, MALASRI NANDI, JJ
Mazeda Begum @ Mazida Khatoon, D/o. Md. Hazrat Ali, Wo. Akbar Ali – Appellant
Versus
Union Of India, Represented By Secretary, Ministry Of Home Affairs, Govt. Of India – Respondent
JUDGMENT :
(M. Nandi, J.)
Heard Mr. M. Ahmed, learned counsel for the petitioner. Also heard Ms. B. Sarma, learned CGC; Mr. M. Kalita appearing on behalf of Ms. P. Barua, learned Standing Counsel, ECI; Ms. A. Verma, learned Standing Counsel, FT matters and Mr. P. Sarma, learned Additional Senior Government Advocate.
2. The petitioner assails the order/opinion dated 30.05.2023, passed in FT Case No.1250/2017 [arising out of IM(D)T Case No.95/2002] by the learned Foreigners’ Tribunal, Bajali praying for setting aside the ex parte order whereby the petitioner was declared to be a foreigner who had illegally entered into Assam after 25.03.1971.
3. The case of the petitioner is that she used to live with her two children at her matrimonial home in village – Hilapukhuri. Her husband is living with his second wife at Kharupetia town in Darrang district. Her financial position is very poor and somehow she is surviving with her children. On receipt of the notice from the learned Tribunal, she informed about the same to her husband who assured her to do the needful and engaged an advocate to conduct her case.
4. It is also the case of the petitioner that her husband took all the xerox copies of d
The burden of proof regarding citizenship lies with the petitioner, and failure to appear at the Tribunal results in a valid ex parte decision if due process is followed.
The burden of proof for citizenship lies with the petitioner, and failure to present evidence results in the Tribunal's decision being upheld unless jurisdictional errors or violations of natural jus....
The court reinforced that under the Foreigners Act, the burden of proving citizenship rests with the individual, and failure to provide adequate evidence results in the presumption of foreignness.
In citizenship determination proceedings, courts may exercise discretion to set aside ex parte orders despite significant delay and laches, provided the petitioner presents a credible claim and adher....
The burden of proving citizenship lies with the proceedee under Section 9 of the Foreigners Act, 1946, and failure to participate in proceedings results in the declaration of foreigner status.
The court emphasized the importance of natural justice in citizenship determinations, allowing the petitioner another opportunity to prove Indian citizenship due to procedural irregularities and heal....
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 court emphasized the necessity of a fair hearing and proper verification of identity before declaring someone a foreigner, reaffirming the principles of natural justice.
The right to a fair trial encompasses fair investigation practices to ensure individuals suspected of foreign status are given adequate opportunity to prove their citizenship.
The burden of proof for citizenship lies with the proceedee, and failure to contest leads to the presumption of foreign nationality.
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