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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
Sanjay Kumar Medhi, Susmita Phukan Khaund
Musstt. Bilatun Nessa, W/O- Md. Alauddin – Appellant
Versus
Union Of India Rep. By The Secy. To The Govt. Of India, Ministry Of Home Affairs, Jaisalmer House, 26, Mansingh Road, New Delhi – Respondent
JUDGMENT :
S.P. Khaund, 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 judgment and order dated 10.11.2017 passed by the learned Foreigners’ Tribunal, Nagaon Court No. 10th at Sankardev Nagar, Hojai in F.T. (D) Case No. 1585/2016 corresponding to S.P.’s FT Case 74/2015. 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.
Factual Matrix :-
2. The petitioner in this case is Musstt. Bilatun Nessa. On the basis of an enquiry, a reference was issued by the Superintendent of Police (Border), Hojai (respondent No. 4) against the petitioner and the Foreigners Tribunal registered the aforementioned FT(D) Case No.1585/2016 corresponding to S.P.’s FT Case 74/2015.
3. Notice was issued to the petitioner and it was held that notice was duly served as per Section 3(5) of the Foreigners (Tribunals) Order, 1964 (Order of 1964 for short) on the petitioner, who appeared before the Tribunal on 27.04.2016 but failed to appear thereafter and this case proceeded ex-parte against the p
The burden of proof to establish citizenship lies on the person asserting it, requiring credible evidence of lineage and personal knowledge.
The burden lies on the petitioner to provide reliable evidence establishing citizenship, which was not met, leading to the declaration of foreign status.
The burden of proof concerning citizenship rests with the individual asserting citizenship; insufficient evidence leads to the designation as a foreigner, reaffirming that mere document submission is....
The burden of proof for citizenship lies with the claimant, requiring reliable evidence that was not sufficiently provided, leading to the dismissal of the petition declaring the petitioner a foreign....
The burden of proof on individuals asserting citizenship under Section 9 of the Foreigners' Act, 1946, and the need for documentary evidence and verification of contents to establish citizenship.
Learned Tribunal is required to re-examine the issue by taking into consideration explanation offered by petitioner about discrepancy and pass a fresh opinion as regards citizenship status of petitio....
Merely because documents were collected by petitioner during pendency of reference, it cannot be a ground to ignore same as documents have to be examined as regards the genuineness, authenticity, rel....
The burden of proof to establish citizenship lies on the individual, and reliable and cogent documentary evidence is required to prove citizenship.
The burden of proof to establish citizenship lies with the proceedee, who must provide cogent and reliable evidence. Documents must be appreciated as a whole, and documentary evidence should be corro....
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