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THE GAUHATI HIGH COURT, (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
KALYAN RAI SURANA, MALASRI NANDI
Rafika Bibi @ Rafika Khatun D/o. Lt. Safiar Ali @ Sopior Rahman @ Safior Rahman @ Safiyar Ali, W/o. Karim Baksha SK. – Appellant
Versus
Union Of India, rep. By The Secy. To The Govt. Of India, Ministry Of Home Affairs – Respondent
| Table of Content |
|---|
| 1. petitioner claims indian citizenship based on voter list history. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. petitioner argues the tribunal's process was flawed and unlawful. (Para 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17) |
| 3. due process and fair investigation are essential for citizenship determination. (Para 18) |
| 4. court observes the tribunal’s reference was mechanically made and improperly justified. (Para 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35) |
| 5. court sets aside tribunal's order, allowing further enquiry on citizenship. (Para 36 , 37) |
| 6. writ petition disposed with directions to transmit records. (Para 38 , 39) |
JUDGMENT :
(M. Nandi, J.)
Heard Mr. F.U. Barbhuiya, learned counsel for the petitioner. Also heard Ms. J. Sarma, learned CGC; Mr. G. Sarma, learned Standing Counsel for the FT matters and NRC; Mr. A.I. Ali, learned Standing Counsel for the ECI; and Mr. P. Sarmah, learned Additional Senior Government Advocate for the State respondent.
2. The petitioner has preferred an application under Article 226 of the Constitution of India challenging the impugned opinion/order dated 06.03.2020, th passed by the Foreigners Tribunal 10 , Dhubri in
The right to a fair trial encompasses fair investigation practices to ensure individuals suspected of foreign status are given adequate opportunity to prove their citizenship.
The burden of proof for citizenship lies with the individual asserting it, and failure to produce evidence can lead to a declaration of foreigner status.
The burden of proving citizenship lies with the individual claiming it, and mere oral testimony is inadequate without corroborating documentary evidence.
The burden of proof for establishing citizenship lies with the individual, requiring substantial evidence beyond mere documentation.
The burden of proof for citizenship lies with the individual asserting it, particularly under the Foreigners' Act, and the petitioner failed to establish her claims adequately.
A quasi-judicial authority must consider all relevant evidence and materials in its decision-making to ensure validity and prevent arbitrary conclusions.
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