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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
SANJAY KUMAR MEDHI, PRANJAL DAS
Abdul Jabbar @ Abdul Jubbar – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. challenge to foreign tribunal decision. (Para 1 , 2) |
| 2. petitioner's evidence inadequately appreciated. (Para 4 , 6) |
| 3. burden of proof lies with the proceedee. (Para 7 , 8) |
| 4. writ court limitations on fact intervention. (Para 10 , 12 , 14) |
| 5. onus of proving citizenship is undeniable. (Para 15 , 19 , 20) |
| 6. writ petition dismissed due to lack of merits. (Para 21 , 22 , 23) |
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 impugned order dated 29.04.2019 th passed by the learned Foreigners’ Tribunal 5 , Darrang, Mangaldoi in F.T. (V) Case No. 2355/2016. By the impugned judgment, the 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), Darrang District, against the petitioner giving rise to the aforesaid F.T. (V) Case No. 2355/2016.
(ii) As per requirement u/s 9 of the Foreigner’s Act, 1946 to prove that the proceed
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 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 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 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 under the Foreigners Act, 1946 lies with the proceedee, and voter lists alone do not establish nationality without supportive evidence.
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 individual. In exercising supervisory jurisdiction, the court does not act as an appellate body and will not reweigh evidence or interfere with....
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