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THE GAUHATI HIGH COURT, (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
SANJAY KUMAR MEDHI, PRANJAL DAS
Ainuddin @ Md. Ainuddin Ali, S/o. Siraj Uddin @ Siraj – Appellant
Versus
Union Of India, To Be Rep. By The Secretary To The Govt. Of India, Home Deptt. – Respondent
| Table of Content |
|---|
| 1. overview of the foreigners' tribunal's decision. (Para 1 , 2) |
| 2. evidence presented by the petitioner for citizenship. (Para 4 , 5 , 6) |
| 3. arguments against the petitioner's evidence. (Para 7 , 8 , 16 , 17) |
| 4. court's limitations in appellate review. (Para 14 , 15 , 22) |
| 5. discussion on evidence requirements and individual liberty. (Para 18 , 19) |
| 6. burden of proof lies with the proceedee. (Para 20 , 21) |
| 7. final ruling on petitioner's case. (Para 23 , 24 , 25) |
JUDGMENT :
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 the impugned order dated 14.09.2018 passed by the learned Foreigners’ Tribunal (2nd) Nagaon in F.T. Case No. 2223/2011 arising out of SPs F.T. Ref. Case No. 1258/1998. 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), Nagaon District, against the petitioner giving rise to the aforesaid F.T.
The burden of proof for establishing citizenship rests solely on the individual, as mandated by Section 9 of the Foreigners Act, 1946.
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 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 lies with the proceedee under the Foreigners Act, 1946; insufficient evidence can lead to a declaration of foreignness.
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 on the proceedee, and the admissibility of evidence is crucial.
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 proof lies with the individual claiming citizenship, under Section 9 of the Foreigners Act, requiring cogent evidence to substantiate the claim.
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