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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
Sanjay Kumar Medhi, Susmita Phukan Khaund
Saleha Khatun, W/O- Md. Abdul Hekim – Appellant
Versus
Union Of India Rep. By The Secy. To The Govt. Of India, Ministry Of Home Affairs, New Delhi – Respondent
| Table of Content |
|---|
| 1. petitioner declared foreigner post-1971. (Para 2) |
| 2. contention of evidence and citizenship status. (Para 3 , 4 , 5 , 6 , 7) |
| 3. respondents argue about petitioner's contradictions. (Para 8 , 9 , 10) |
| 4. court considers discrepancies in written statements. (Para 11 , 12 , 13 , 14 , 15 , 16) |
| 5. certificates and voter lists are insufficient evidence. (Para 17 , 18 , 20 , 21) |
| 6. importance of proving lineage and citizenship. (Para 22 , 23 , 24) |
| 7. case compares minor errors in related judgments. (Para 25 , 26 , 27) |
| 8. petitioner fails burden of proof regarding citizenship. (Para 28 , 29 , 30 , 31) |
| 9. no infirmity in the tribunal's decision. (Para 32) |
| 10. writ petition dismissed; order follows tribunal's previous findings. (Para 33 , 34 , 35 , 36) |
JUDGMENT :
S.P. Khaund, J.
Heard Shri M.U. Mahmud, learned counsel for the petitioner. Also heard Shri C.K.S. Baruah, learned CGC, Shri G. Sarma, learned Standing Counsel for the Home Department & NRC; Shri A.I. Ali, learned Standing Counsel for the Election Commission of India and Shri H.K. Hazarika, learned Junior Government Advocate.
Factual Matrix :-
2. The petitioner is aggrieved by the impugned opinion dated 25.09.2018 passed by the
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 to establish citizenship lies on the person asserting it, requiring credible evidence of lineage and personal knowledge.
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.
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....
Citizenship requires establishing a direct, consistent bloodline linkage to an ancestor present before the specified cut-off date. Documentary evidence, such as voters' lists and residential certific....
The burden of proof for citizenship lies with the petitioner, who failed to establish lineage and continuous residency prior to the cutoff date, resulting in the declaration as a foreigner.
Claimants asserting citizenship must substantiate their claims with credible evidence, failing which their claims may be dismissed as seen in foreigner cases.
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