The burden of proof for citizenship rests on the petitioner in Foreigners Act cases; discrepancies in documentation can undermine claims of Indian citizenship.

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) 3^rd, 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 reference, vide Noonmati P.S. Case No.33/2017, from the Deputy Commissioner of Police (B), Guwahati, for Opinion about the nationality of the aforesaid Petitioner, the learned Foreigners’ Tribunal, Kamrup (M) 3^rd, Guwahati registered F.T. Case No. 71/2017. On receipt of the notice, the Petitioner appeared before the learned Tribunal and submitted his written statement. The Petitioner also adduced evidence on affidavit of himself as DW No.1, evidence of one Rahman Ali, claimed to be the father of the Petitioner as DW No.2 and one Md. Rahizuddin Bepari as DW No. 3.

4. The Petitioner in his written statement stated that he is the 4^thson of Rahman Ali. He stated that the name of his grandfather appeared in the Electoral Roll of 1966 in 33 no. Dhubri Legislative Assembly Constituency, wherein, his grandfather’s name appeared wrongly as Jaheruddin Sk. He stated that his grandfather’s name appeared in the Electoral Roll of 1970 in the aforesaid constituency as well. He further stated that the name of his father appeared in the Electoral Roll of 1977 in 23 no. Dhubri Assembly Legistative Constituency, however, the name of his grandfather was wrongly appeared as Jahaddi. He stated that name of his father appeared in the Electoral Roll of 1989 in 23 no. Dhubri Legislative Assembly Constituency, wherein, the name of his grandfather was wrongly appeared as Johddi. Similarly, the name of his father appeared in the Electoral Roll of 1997 in 23 no. Dhubri Legislative Assembly Constituency. He stated that his name appeared for the first time in the Electoral Roll of 2010 in 23 no. Dhubri Legislative Assembly Constituency, wherein, his name appeared as Nur Md. Sk.

5. In the aforesaid written statement, the Petitioner stated that he read up to class-IV in 2102 No. Alirgaon Girl’s L.P. School and due to financial constraints of the family, he could not pursue his studies any more. He stated that he was working as a Daily Wage Earner in Guwahati. He stated that in the year, 2013, he along with his father was issued an Elector Photo Identity Cards (EPIC). The Petitioner further stated that he was born and brought up in the village Dharmashala and he is a permanent resident of the aforesaid village. His forefathers have been residing in the said locality prior to the independence of India and therefore, there cannot be any doubt about his citizenship. He stated that the police authority has referred his case to the learned Tribunal without any verification of relevant documents regarding his citizenship.

6. In support of the Petitioner’s case, the Petitioner (DW-1), his projected father (DW-2) and another person, namely, Md. Rahizuddin Bepari (DW-3) produced and exhibited altogether 10 documents which are marked as Ext. 1 to Ext. 10. The Exhibits are as follows: -

“(i) Ext '1'