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IN THE HIGH COURT OF GAUHATI, ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
KALYAN RAI SURANA, SHAMIMA JAHAN
Abdul Rejjak S/o Sapur Ali – Appellant
Versus
Union of India – Respondent
JUDGMENT :
KALYAN RAI SURANA, J.
1. Heard Mr. M. Dutta, learned counsel for the petitioner. Also heard Ms. A. Gayan, learned CGC for respondent nos. 1, 2, 4 and 9; Mr. G. Sarma, learned standing counsel for the FT, Border matters and NRC, for respondent nos. 3, 5, 7, 8 and 10 and Mr. P. Sarmah, learned Addl. Senior Govt. Advocate, for respondent no. 6.
2. The petitioner in this case is Abdul Rejjak. His wife, namely, Doyjan Bibi, daughter of Maynal Haque and Sahebjan Nessa has been declared to be a foreign national vide ex parte opinion dated 31.08.2017, passed by the th learned Member, Foreigners Tribunal 4 , Dhubri, in F.T.4/71/GPR/2017.
3. The petitioner had approached this Court to assail the said ex parte opinion dated 31.08.2017 by filing a writ petition, and this Court by order dated 24.09.2021, passed in W.P.(C) No. 2028/2020, held that there was sufficient ground for the petitioner for not appearing before the learned Tribunal and therefore, the said ex parte opinion dated 31.08.2017, was set aside by allowing one opportunity to the petitioner to contest the proceeding by directing the petitioner to appear before the said learned Tribunal within 15 (fifteen) days from the date
The government has unfettered authority to expel declared foreign nationals, underscoring the limitations on procedural protections relative to citizens in expulsion cases under immigration law.
Declared foreigners in Assam have limited rights compared to citizens, maintaining basic rights under Article 21 but lacking access to benefits meant for citizens.
The burden of proof lies with authorities to substantiate claims of foreign nationality, and failure to provide adequate evidence violates principles of natural justice.
The court emphasized the importance of natural justice in citizenship determinations, allowing the petitioner another opportunity to prove Indian citizenship due to procedural irregularities and heal....
The petitioner failed to prove citizenship under the Foreigners Act, 1946, as the presented documentation was insufficient and lacked proper verification.
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