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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
| Table of Content |
|---|
| 1. challenge to tribunal's declaration of foreigner status. (Para 1 , 2 , 3 , 4) |
| 2. arguments by the petitioner regarding lineage evidence. (Para 5 , 6 , 7 , 8 , 9 , 10 , 11) |
| 3. court's analysis on petitioner's burden of proof. (Para 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20) |
| 4. burden of proof lies with the petitioner under applicable laws. (Para 21 , 22 , 23) |
| 5. final dismissal of the petition challenging tribunal's order. (Para 28 , 29 , 30) |
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)
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....
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