Back
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
SANJAY KUMAR MEDHI, PRANJAL DAS
Abdul Rahman, S/o Lt. Abdul Hamed – Appellant
Versus
Union Of India – Respondent
| Table of Content |
|---|
| 1. jurisdiction and nature of the case (Para 1 , 2) |
| 2. petitioner's arguments and evidence presented (Para 4 , 5 , 6) |
| 3. respondent's rebuttal and legal standards (Para 7 , 8 , 9 , 10) |
| 4. scrutiny of decision-making process in writ jurisdiction (Para 11 , 12) |
| 5. burden of proof under the foreigners act (Para 13 , 14 , 15 , 16 , 19 , 20) |
| 6. final order and direction of the court (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 27.03.2025 th passed by the learned Foreigners’ Tribunal 7 , Tezpur in F.T. Case No. FTDC 1835/2016, arising out of Ref No.TZP.(B)/796/B/98. 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), Sonitpur District, against the petitioner giving rise to the aforesaid F.T. Case No. FTDC 1835/2016.
(ii) As per requirement u/s 9 of
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 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 on the proceedee to establish Indian citizenship, the requirement of continuous stay, and the evidentiary value of documents are crucial legal principles established in the judgme....
The burden of proof under Section 9 of the Foreigners' Act, 1946 lies on the proceedee, who must provide cogent and reliable evidence to prove citizenship.
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 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....
In citizenship proceedings, the burden of proof rests entirely on the individual. Documentary evidence requires proof of both authenticity and contents through the examination of authors and contempo....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
