IN THE HIGH COURT OF GAUHATI, ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
SANJAY KUMAR MEDHI, SUSMITA PHUKAN KHAUND
Beauti Begum – Appellant
Versus
Union of India – Respondent
JUDGMENT :
SANJAY KUMAR MEDHI, J.
1. 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 impugned order dated 24.04.2019 passed by the learned Foreigners Tribunal Jorhat in F.T.G. (D) 474/2010. By the impugned opinion, the petitioner who was the proceedee before the learned Tribunal has been declared to be a foreigner post 25.03.1971. As per the projection made in the petition, the aforesaid order is an ex parte one.
2. The facts of the case may be put in a nutshell as follows:
(i) The reference was made by the Referral Authority against the petitioner giving rise to the aforesaid F.T.G. (D) 474/2010.
(ii) The learned F.T., Jorhat had issued notice to the proceedee on 21.01.2019 whereafter she had appeared before the learned Tribunal on 08.02.2019. As per requirement u/s 9 of the Foreigner’s Act, 1946 to prove that the proceedee is not a foreigner, the petitioner had filed the written statement on 28.02.2019 along with certain documents. Thereafter, though at least 5 dates were fixed for filing of evidence on affidavit, neither the petitione
The burden of proving citizenship under the Foreigners Act remains with the individual, regardless of representation, and failure to provide evidence justifies a tribunal's determination of foreign n....
The burden of proving citizenship rests upon the proceedee, and documents submitted must be proved in accordance with the law.
The burden of proof for citizenship lies with the proceedee, and failure to contest leads to the presumption of foreign nationality.
The burden of proving citizenship lies with the proceedee, and the Writ Court's jurisdiction is limited to reviewing the decision-making process.
The burden of proving citizenship rests upon the proceedee, and the court's jurisdiction under Article 226 of the Constitution of India is limited to examining the decision-making process.
The burden of proof for establishing Indian citizenship lies with the proceedee under Section 9 of the Foreigners Act, 1946, and a writ court does not interfere with factual findings of a Tribunal.
The burden of proving that a person is not a foreigner lies upon the said person under Section 9 of the Foreigners Act, 1946, and the provisions of the Indian Evidence Act would not be applicable.
The burden of proof regarding citizenship under the Foreigners Act lies solely with the proceedee, and failure to meet this burden results in their classification as a foreigner.
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 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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