IN THE HIGH COURT OF GAUHATI, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
Kalyan Rai Surana, Malasri Nandi
Fulmoti Nessa, W/O- Porash Ali – Appellant
Versus
Union Of India Rep. By Its Secy. Of The Ministry Of Home Affairs, Union Of India, New Delhi – Respondent
JUDGMENT :
K.R. Surana, J.
Heard Mr. A.T. Sarkar, learned counsel for the petitioner. Also heard Ms. B. Sarma, learned CGC; Mr. M. Islam, learned counsel appearing on behalf of Mr. A.I. Ali, learned standing counsel for the ECI; Mr. G. Sharma, learned standing counsel for the FT matters and NRC; and Mr. P. Sarmah, learned Additional Senior Govt. Advocate for the State respondent.
2. By filing this writ petition under Article 226 of the Constitution of India, the petitioner has assailed the impugned opinion dated 08.03.20216, passed by the learned Member, Foreigner’s Tribunal, No.1, Goalpara in FT Case No.6449/G/2014, arising out of Reference No. 1365/98/D/GLP(B) and ERO Case No. 15-6/39, by which the petitioner was declared as an illegal migrant of post 25.03.1971 stream.
3. Assailing the opinion, the learned counsel for the petitioner has submitted that the learned Tribunal had failed to discuss the evidence of DW-2 and that none of the documents which were exhibited along with the evidence of the petitioner as DW-1 were not discussed. Moreover, it is submitted that, the written statement as well as the evidence submitted by the DW-1 and DW-2 lacked material particulars, the matter be
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 of proof for establishing citizenship lies with the individual, requiring substantial evidence beyond mere documentation.
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 under the Foreigners Act lies with the proceedee, and insufficient evidence leads to the presumption of foreigner status.
The burden of proof lies on individuals claiming citizenship, requiring credible evidence of lineage and prior existence in the country, as emphasized in the Foreigners Act.
Discrepancies in names should not automatically render evidence inadmissible, particularly when live witnesses can corroborate lineage, requiring fair procedural questioning.
The burden of proof for establishing citizenship lies with the individual, necessitating sufficient documentary evidence to counter claims of foreigner status.
The court emphasized that documentary evidence is essential to establish citizenship claims under the Foreigners Act, and mere oral testimony is insufficient.
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 burden of proof for establishing citizenship lies with the individual, and mere electoral roll entries are insufficient without corroborating evidence.
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