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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
SANJAY KUMAR MEDHI, SUSMITA PHUKAN KHAUND
Sahar Ali Alias Md. Sahar Ali S/o- Late Naya Mia @ Naya Miya – Appellant
Versus
Union Of India Represented By The Secretary To The Government Of India, Ministry Of Home Affairs – Respondent
Judgment :
Susmita Phukan Khaund, J.
1.The petitioner Sohar Ali @Mohammad Sohar Ali is aggrieved by the opinion dated 18.03.2023, passed by the learned Member, Foreigners Tribunal, Bajali, Assam in FT Case No. 842/2017, declaring the petitioner to be a foreigner of Post 25.03.1971 Stream. It is averred that the petitioner was declared a foreigner only on the ground that there is a discrepancy relating to his grandfather’s name which appears as Malek in the voters list of 1997, whereas, in the voters list of 1989, the petitioner's grandfather's name appears as Manek.
2. Heard Shri A.W. Aman, learned counsel for the petitioner and Shri G. Sarma, learned Standing Counsel, Home Department & NRC. Also heard Shri H.K. Hazarika, learned State Counsel, Assam; Shri N. Kalita, learned counsel appearing on instructions of Shri A.I. Ali, learned Standing Counsel, ECI and Shri M.R. Adhikari, learned CGC.
3. It is submitted on behalf of the petitioner that as he did not attend school, he could not furnish any school certificate and the khiraj patta of 1971 is the only document which establishes a link between the petitioner and his parents along with his grandparents. The learned counsel for the pet
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.
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 lies with the petitioner to establish citizenship through credible evidence, and discrepancies in documentation can lead to a declaration of foreign nationality.
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 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.
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 to establish citizenship lies on the person asserting it, requiring credible evidence of lineage and personal knowledge.
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