Back
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Sanjay Kumar Medhi, Susmita Phukan Khaund
Maniruddin Kha @ Manur Uddin S/o- Lt Amir Uddin Kha – Appellant
Versus
Union Of India – Respondent
| Table of Content |
|---|
| 1. background of the petitioner's citizenship claim. (Para 2) |
| 2. arguments presented by the petitioner. (Para 4 , 5 , 6 , 8 , 10) |
| 3. counterarguments by the respondents. (Para 7 , 9 , 11 , 12) |
| 4. judicial review standards under article 226. (Para 14 , 15 , 19) |
| 5. burden of proof resting on the petitioner. (Para 18 , 22 , 24) |
| 6. conclusion dismissing the petition. (Para 25 , 26) |
JUDGMENT :
S.K. Medhi , J.
The extra-ordinary jurisdiction of this Court has been sought to be invoked by filing this application under Article 226 of the Constitution of India by putting to challenge the opinion rendered vide impugned order dated 24.09.2018 passed by the learned Foreigners’ Tribunal No. 8, Tezpur in F.T. Case No. 1401/2017 corresponding to Police Enquiry No. TZP(B) Case No. 242/04. By the impugned judgment, the petitioner, who was the proceedee before the learned Tribunal, has been declared to be a foreigner post 25.03.1971.
2. The facts of the case may be put in a nutshell as follows:
(i) The reference was made by the Superintendent of Police (B), Sonitpur District, against the petitioner giving rise to the aforesaid Case No. 1401/2017.
(ii) As per requirement u/s 9 of the Foreigner’s
The burden of proof lies with the individual claiming citizenship, under Section 9 of the Foreigners Act, requiring cogent evidence to substantiate the claim.
The burden of proving citizenship lies entirely on the proceedee, and failure to provide cogent and reliable evidence results in a declaration of foreign nationality under Section 9 of the Foreigners....
The burden of proof to establish citizenship lies solely with the individual under Section 9 of the Foreigners Act, 1946, and must be met with sufficient evidence, without relying on rebuttal evidenc....
The burden of proving citizenship is on the proceedee under Section 9 of the Foreigners Act, 1946, and the Writ Court does not review factual determinations of the Tribunal unless procedural impropri....
The burden of proving citizenship rests entirely on the proceedee under the relevant statute. In writ jurisdiction, the court acts in a supervisory capacity and will not interfere with factual findin....
The burden of proving citizenship under the Foreigners Act, 1946 lies with the proceedee, and voter lists alone do not establish nationality without supportive evidence.
The burden of proving citizenship rests entirely on the individual. In exercising supervisory jurisdiction, the court does not act as an appellate body and will not reweigh evidence or interfere with....
The burden of proving citizenship rests entirely on the individual. A writ court exercising certiorari jurisdiction cannot act as an appellate authority to reweigh evidence; it is limited to reviewin....
The burden of proof under Section 9 of the Foreigners Act, 1946 lies upon the person claiming citizenship, and the evidence presented must be supported by documentary evidence and contemporaneous rec....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
