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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
| Table of Content |
|---|
| 1. petitioner's citizenship not established. (Para 1 , 15) |
| 2. arguments on lineage and evidence credited. (Para 3 , 4 , 5 , 10 , 12) |
| 3. discrepancies in voters list critical for judgment. (Para 7 , 9 , 16 , 17) |
| 4. tribunal's findings upheld; citizenship link not proven. (Para 20 , 22 , 24) |
| 5. writ petition dismissed, consequences affirmed. (Para 25 , 26 , 27) |
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.
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.
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 lies with the petitioner to establish citizenship through credible evidence, and discrepancies in documentation can lead to a declaration of foreign nationality.
In citizenship determination proceedings, the burden of proof lies on the individual to establish ancestral linkage through consistent, corroborated documentary evidence. Mere production of documents....
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....
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