The burden of proof to establish citizenship lies with the appellants, and mere documentation is insufficient without authentic evidence.

JUDGMENT :

MALASRI NANDI, J.

1. Heard Mr. M.A. Sheikh, learned counsel for the appellants. Also heard Mr. B. Sarma, learned CGC; Mr. M. Islam, learned counsel appearing on behalf of Mr. A.I. Ali, learned Standing Counsel for the ECI; Ms. A. Verma, learned Standing Counsel for the F.T matters; and Mr. P. Sarmah, learned Additional Senior Government Advocate.

2. This appeal is directed against the order dated 14.09.2015, passed by learned Single Judge of this Court in connection with WP(C) No.1813/2010.

3. The appellants were the writ petitioner in WP(C) 1813/2010, which were filed by the appellants challenging the opinion dated 06.09.2011, passed by the st learned Member, Foreigners Tribunal 1 , Morigaon in F.T. Case No.619/2006, whereby the appellants were declared to be foreigners of post 25.03.1971.

4. The appellants filed the writ petition on the ground that they are Indian citizens by birth. The appellant no.1 Md. Abul Kalam is the son of Mojibul Hoque. The name of the father of the appellant no.1 appeared in the voter list of 1965 from village – Thengsali under Raha Constituency in the district of Nagaon, Assam as Mojimul Hoque. The name of the appellant no.1 also appeared in the voter list of 1971. The appellant no.2 i.e. Musstt. Manikjan is the daughter of Abdul Aziz, S/o Abdul Karim, whose name appeared in the voter lists of 1965 and 1971.

5. The name of the appellant no.1 and appellant no.2 have been enlisted in the voter lists of 1993, 1997 and 2014 and they accordingly casted their vote. In these regards, two certificates have been issued by the concerned gaonburahs regarding their residential status.

6. In spite of having necessary documents to prove their citizenship, the learned Foreigners Tribunal decided the case by holding that the appellants are foreigners entered into Assam after 25.03.1971. Being aggrieved by the said order, the appellants preferred a writ petition before this Court vide WP(C) No.1813/2010. The learned Single Judge also dismissed the writ petition vide order dated 14.09.2015. Hence, this appeal.

7. It was urged by learned counsel for the petitioner that the appellant no.3 to appellant no.7 were born and brought up in the village – Borbori under Dharamtul Police Station in the district of Morigaon and they are the children of appellant no.1 and 2. They have birth certificates issued by the concerned authority showing their place of birth. It is also stated that the names of appellant no.4 and appellant no.5 were enlisted in the voter list of 2014 as Md. Machikur Rahman and Mahibur Rahman under 79 Jagiroad LAC.

8. It was further contended that even having all the documents in favour of their citizenships, the Superintendent of Police (B), Morigaon refer the matter to the Foreigners Tribunal, Morigaon and accordingly a case was registered vide F.T. Case No.619/06 and notices were duly served to the respondents . In response, the appellants filed written statements on 11.04.2007 with some valid documents claiming that they are the citizens of India by birth.

9. It is also submitted that the learned Tribunal did not look into the documents submitted by the appellants and decided the case against the appellants holding them as foreigners of post 25.03.1971.

10. In response, learned Standing Counsel, F.T matters, Ms. A. Verma has submitted that the appellants have failed to produce any documents to prove their nationality that they are the citizens of India by birth and they did not enter into Assam from the specified area i.e. Bangladesh prior to 1971. It is further submi