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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
KALYAN RAI SURANA, ANJAN MONI KALITA
Nur Md. Seikh, S/o. Md. Rahman Ali – Appellant
Versus
Union Of India Represented By The Secretary Of The Govt. Of India – Respondent
| Table of Content |
|---|
| 1. petitioner's claim of citizenship based on family ties. (Para 2 , 3 , 4 , 5 , 6 , 7) |
| 2. arguments of petitioner vs. respondents' concerns. (Para 8 , 9) |
| 3. evaluation of evidence linking petitioner to ancestors. (Para 10 , 11 , 12) |
| 4. burden of proof rests on petitioner for citizenship. (Para 20 , 22 , 23 , 24) |
| 5. final dismissal of the writ petition without costs. (Para 25 , 26 , 27 , 28) |
ORDER :
A.M. Kalita, J.
Heard Mr. K. Bhuyan, the learned counsel appearing for the Petitioner. Also heard Ms. A. Gayan, learned CGC, as well as Mr. H. Kuli, learned counsel appearing on behalf of Mr. A. I. Ali, learned Standing Counsel for the Election Commission of India. Mr. P. Sarma, learned Addl. Sr. Govt. Advocate, Assam and Mr. G. Sarma, learned Standing Counsel, FT & Border matters.
2. By filing this writ petition under Article 226 of the Constitution of India, the Petitioner has assailed the Opinion dated 13.12.2018 rendered by the learned Foreigners’ Tribunal (hereinafter referred to as the ‘learned Tribunal’), Kamrup (M) 3rd, Guwahati, whereby the Petitioner, namely, Nur Md. Sheikh was declared as a foreigner under Section 2 (a) of the Foreigners Act, 1946.
3. On receipt of a r
The burden of proof for citizenship rests on the petitioner in Foreigners Act cases; discrepancies in documentation can undermine claims of Indian citizenship.
The burden lies on the petitioner to provide reliable evidence establishing citizenship, which was not met, leading to the declaration of foreign status.
The court affirmed that citizenship claims must be substantiated by credible documents demonstrating lineage to ancestors present in India prior to 1971, rejecting mere assertions.
Citizenship requires establishing a direct, consistent bloodline linkage to an ancestor present before the specified cut-off date. Documentary evidence, such as voters' lists and residential certific....
Claimants asserting citizenship must substantiate their claims with credible evidence, failing which their claims may be dismissed as seen in foreigner cases.
The burden of proof lies with the petitioner to establish citizenship through credible evidence, and discrepancies in documentation can lead to a declaration of foreign nationality.
Point of Law : 12, 16. Under Section 9 of Foreigners' Act, 1946, burden is on proceedee to prove that she is not a foreigner, but a citizen of India and this burden never shifts.
The burden of proof lies on the petitioner to establish citizenship, which was not met due to insufficient evidence linking her to her claimed lineage.
The court upheld the Tribunal's decision declaring the petitioner a foreigner due to insufficient evidence of citizenship, emphasizing the importance of credible documentation.
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