IN THE HIGH COURT OF GAUHATI, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
Kalyan Rai Surana, Malasri Nandi
Mahar Ali S/o. Late Kabej Ali – Appellant
Versus
Union of India Rep. By The Secretary To The Govt. of India, Deptt. of Home, New Delhi – Respondent
JUDGMENT :
K.R. Surana, J.
Heard Ms. T. Begum, learned counsel for the petitioner. Also heard Mr. K. Gogoi, learned CGC; Mr. G. Sarma, learned standing counsel for the FT matters and NRC; Mr. M. Islam, learned counsel appearing on behalf of Mr. A.I. Ali, learned standing counsel for the ECI; and Mr. P. Sarmah, learned Additional Senior Govt. Advocate for the State respondents.
2. By filing this writ petition under Article 226 of the Constitution of India, the petitioner has assailed the impugned opinion dated 31.07.2018, th passed by the learned Member, Foreigner’s Tribunal- 4 , Goalpara in FT Case No. FT(G-4) 18/M/17, arising out of IM(D)T Case No. 876 of 2000, by which the petitioner was held to be a foreigner of post 25.03.1971 stream.
3. On receipt of notice of the notice of the proceedings, the petitioner had appeared before the learned Tribunal and filed his written statement. The petitioner had denied that he was a foreigner as alleged and had stated that his parents and grandparents were also citizen of India by birth. The petitioner had alleged that the Investigation Officer did not visit his house and did not ask him to produce any document about his citizenship or nationalit
The court ruled that oral testimony alone is insufficient to prove citizenship; corroborative documentary evidence is essential under the Foreigners Act.
The burden of proof for citizenship rests on the petitioner in Foreigners Act cases; discrepancies in documentation can undermine claims of Indian citizenship.
The court held that the burden of proof lies on the petitioner to establish citizenship through credible documentation under the Citizenship Act, which she failed to do.
The burden lies on the petitioner to provide reliable evidence establishing citizenship, which was not met, leading to the declaration of foreign status.
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 for citizenship lies with the individual claiming it, and failure to provide credible evidence results in a declaration of foreigner status.
Claimants asserting citizenship must substantiate their claims with credible evidence, failing which their claims may be dismissed as seen in foreigner cases.
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 petitioner to establish citizenship, which was not met due to insufficient evidence linking her to her claimed lineage.
The burden of proof lies on the petitioner to establish citizenship, which must be supported by reliable evidence and proper documentation.
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