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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
KALYAN RAI SURANA, MALASRI NANDI
Joynal Talukdar @ Joynal Abdin Son Of Late Mokesed Ali – Appellant
Versus
Union Of India – Respondent
| Table of Content |
|---|
| 1. discussion on procedural validity regarding citizenship verification. (Para 1) |
| 2. challenge to foreigners tribunal opinion. (Para 2 , 3 , 4) |
| 3. petitioner's background and claims. (Para 5 , 6 , 7 , 8) |
| 4. witness depositions supporting citizenship. (Para 9 , 10 , 11) |
| 5. arguments regarding evidence assessment. (Para 12 , 13) |
| 6. examination of local verification procedures. (Para 14 , 15 , 16) |
| 7. judicial review of voter verification process. (Para 17 , 18) |
| 8. legal determination of petitioner's citizenship. (Para 19 , 20 , 22) |
| 9. final dismissal of writ petition. (Para 21 , 23) |
JUDGMENT AND ORDER :
K.R. Surana, J.
Heard Mr. A.W. Aman, learned counsel for the petitioner. Also heard Mr. U.K. Goswami, learned CGC; Mr. J. Payeng, learned standing counsel for the FT matters and NRC; Ms. P. Barua, learned standing counsel for the ECI; 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 opinion dated 25.03.2021, passed by the learned Member, Foreigners Tribunal Barpeta 11th, in Case No. (Bpt/11th) F.T. 1536/2017, corresponding to P.E. No.
The burden of proof lies with the petitioner to establish citizenship, including providing adequate documentary evidence of lineage and continuous residence, which he failed to do.
The petitioner failed to provide sufficient evidence to prove his citizenship, resulting in the court upholding the Foreigners Tribunal's declaration of him as a foreigner.
A quasi-judicial authority must consider all relevant evidence and materials in its decision-making to ensure validity and prevent arbitrary conclusions.
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.
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