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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
SANJAY KUMAR MEDHI, PRANJAL DAS
Hussain Ali, S/o - Late Astullah Sheikh @ Asadullah Sheikh – Appellant
Versus
Union Of India, Rep. By The Min Of Home Affairs – Respondent
| Table of Content |
|---|
| 1. challenge to foreigners tribunal ruling (Para 1 , 2) |
| 2. petitioner's evidence and arguments for citizenship (Para 4 , 5 , 6) |
| 3. government's counterarguments on evidence (Para 7 , 8 , 9) |
| 4. court's limited review of tribunal findings (Para 10 , 11 , 12 , 13) |
| 5. burden of proof on proceedee (Para 14 , 15 , 16 , 17) |
| 6. scope of evidence in citizenship proceedings (Para 18 , 19 , 20) |
| 7. legal standards for proving citizenship (Para 21 , 22 , 23 , 24) |
| 8. final judgment on the writ petition (Para 25 , 26 , 27) |
JUDGMENT :
S.K. Medhi, 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 opinion rendered vide the impugned judgment dated 26.12.2016 passed by the learned Foreigners’ Tribunal (4th ) Goalpara in F.T.88 Case No. 283/2015 (ERO Case No. 656 / ). By the impugned judgment, the 38 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), Goalpara District against the p
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 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 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 lies with the individual claiming citizenship, under Section 9 of the Foreigners Act, requiring cogent evidence to substantiate the claim.
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 lies with the proceedee under the Foreigners Act, 1946; insufficient evidence can lead to a declaration of foreignness.
The burden of proving citizenship rests entirely on the proceedee under the relevant statute. In writ jurisdiction, the court acts in a supervisory capacity and will not interfere with factual findin....
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.
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