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THE GAUHATI HIGH COURT, (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
SANJAY KUMAR MEDHI, SUSMITA PHUKAN KHAUND
Lalu Sheikh @ Malu Sheikh, S/o. Lt. Asker Ali @ Akser Ali – Appellant
Versus
Union Of India, Rep. By The Secretary To The Govt. Of India, Ministry Of Home Affairs – Respondent
| Table of Content |
|---|
| 1. challenge of foreigners tribunal's ruling (Para 1 , 2) |
| 2. petitioner's evidence and claims (Para 4 , 5 , 6 , 7) |
| 3. burden of proof under foreigners act (Para 10 , 11 , 12) |
| 4. writ court's limited review powers (Para 14 , 15 , 19) |
| 5. legal obligations of citizenship proof (Para 23 , 24 , 25) |
| 6. final order of dismissal (Para 31 , 32 , 33) |
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 02.02.2018 passed by the learned Foreigners’ Tribunal No. 2, Bongaigaon, Abhayapuri in F.T. Case No. 3336/2008. 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), Morigaon District, against the petitioner giving rise to the aforesaid F.T. Case No. 3336/2008.
(ii) As per requirement u/s 9 of the Foreigner’s Act, 1946 to prove that the proceedee is not a foreigner, the petitioner had
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 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 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 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 rests on the individual claiming citizenship, and failure to provide credible evidence results in designation as a foreign national under the Foreigners Act, 1946.
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....
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