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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
KALYAN RAI SURANA, MALASRI NANDI
Fakar Uddin @ Md. Fokar Uddin, S/o. Lt Mahammad Ali – Appellant
Versus
Union Of India, Rep. By The Secy. To The Govt. Of India, Ministry Of Home Affairs – Respondent
ORDER :
(K.R. Surana, J.)
Heard Mr. J. Ahmed, learned counsel for the petitioner. Also heard Ms. J. Sarmah, learned CGC, Mr. M. Islam, learned counsel appearing on behalf of Mr. A.I. Ali, learned standing counsel for the ECI, Mr. G. Sarma, learned standing counsel for the FT matters, Mr. P. Sarmah, learned Additional Senior Govt.Advocate and Mr. R. Talukdar, learned Govt. Advocate for the State.
2. By filing this writ petition under Article 226 of the Constitution of India, the petitioner has assailed the impugned opinion dated 11.06.2018, passed by the nd learned Member, Foreigner’s Tribunal 2 , Morigaon, Assam in Case No. F.T. 06/17, arising out of Police Reference F.T. Case No. 12/2017, dated 18.02.2017 by which the petitioner was declared as an illegal migrant.
3. On being served with a notice of the proceedings, the petitioner had appeared before the learned Tribunal and filed his written statement on 17.04.2018, wherein it was stated that the case registered against the petitioner was false and baseless and there was no doubt that the petitioner had illegally entered in India without any valid documents and it was stated that the case was registered without examining any document
The burden of proof for establishing citizenship lies with the individual, and mere electoral roll entries are insufficient without corroborating evidence.
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.
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....
The burden of proof lies with the individual claiming citizenship, under Section 9 of the Foreigners Act, requiring cogent evidence to substantiate the claim.
In citizenship proceedings, the burden of proof lies solely on the individual. Oral testimony of relatives, without corroborating admissible documentary evidence, is insufficient to establish linkage....
The burden of proving citizenship rests entirely on the individual. In exercise of supervisory jurisdiction, the court will not re-evaluate evidence or substitute its findings for those of the tribun....
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