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IN THE HIGH COURT OF GAUHATI, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
Kalyan Rai Surana, Malasri Nandi
Intaj Mandal Alias Intaj Ali, S/O Late Ektar Ali Mandal @ Ektar Mandal @ Ektar Ali – Appellant
Versus
Union Of India Represented By The Secy. To The Govt. Of India, Ministry Of Home Affairs, New Delhi – Respondent
| Table of Content |
|---|
| 1. petitioner’s challenge against declared foreigner status. (Para 2 , 3 , 6) |
| 2. evidence assessment and procedural fairness in tribunal's proceedings. (Para 5 , 8 , 10) |
| 3. court's observations on evidentiary requirements for citizenship claims. (Para 12 , 20 , 36) |
| 4. conclusion affirming the tribunal's decision. (Para 40 , 41) |
JUDGMENT :
K.R. Surana, J.
Heard Mr. A. Thakuria, learned counsel for the petitioner. Also heard Mr. K.K. Choudhury, learned CGC, Mr. M. Islam, learned counsel, appearing on behalf of Mr. A.I. Ali, learned standing counsel for the Election Commission of India; Mr. G. Sarma, learned standing counsel for the FT matters and N.R.C.; and Mr. P. Sarmah, learned Addl. Senior Govt. Advocate for the State.
Challenge in this writ petition:
2) By filing this writ petition under Article 226 of the Constitution of India, the petitioner has assailed the opinion dated 30.03.2022, passed by the th learned Member, Foreigners Tribunal (10 ), Barpeta, in FT Case No. 188/2017 [arising out of IM(D)T Case No. 1927(B)/98], thereby declaring the petitioner to be a foreigner, who has entered into Assam on or after 25.03.1971.
Case of the petitioner before the Foreigners Tribu
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.
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.
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.
A quasi-judicial authority must consider all relevant evidence and materials in its decision-making to ensure validity and prevent arbitrary conclusions.
The court upheld the Tribunal's decision declaring the petitioner a foreigner due to insufficient evidence of citizenship, emphasizing the importance of credible documentation.
In citizenship determination proceedings, the burden of proof lies on the individual to establish ancestral linkage through consistent, corroborated documentary evidence. Mere production of documents....
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