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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
KALYAN RAI SURANA, SUSMITA PHUKAN KHAUND
Saleha Khatun, W/o. Aijul Hoque, D/o. Khandakar Jamal Uddin – Appellant
Versus
Union of India, Represented By The Secretary of The Ministry of Home Affairs, Govt. of India – Respondent
JUDGMENT :
S.P. Khaund, J.
The petitioner Saleha Khatun is aggrieved by the impugned order dated 30.06.2016 passed by the learned Foreigners Tribunal No. 7 Dhubri, at th Bilasipara in F.T.7 Dhubri Case No. 155/BBR/15 (F.T. Case No. 359/BBR/11) (‘D’ Voter Case No. 1556/D/2007).
2. Vide the impugned order dated 30.06.2016 passed in F.T. 7th Dhubri Case No. 155/BBR/15, the petitioner has been declared to be a foreigner who entered India (Assam) on or after 25.03.1971. Upon receipt of notice, the petitioner appeared before the learned Foreigners Tribunal and duly contested the proceedings by filing her written statement. She also adduced oral evidence and exhibited documentary evidence in support of her written statement. In order to substantiate her case, the petitioner exhibited the following documents before the learned Tribunal.
1. Exhibit-1: Link Certificate dated 22.07.2015 along with Book Sl. No. 2544.
2. Exhibit-2: Certificate issued by the Headmaster of Puran Bijni Batinia M.E. Madrassa in support of the petitioner’s linkage with her father.
3. Exhibit-3: Certificate issued in support of the petitioner’s residence at Bangaldoba Relief Camp.
4. Exhibit-4: Copy of the National Register
The burden of proof for establishing citizenship lies on the individual, necessitating credible and coherent evidence, which must be reliable and consistent.
Merely because documents were collected by petitioner during pendency of reference, it cannot be a ground to ignore same as documents have to be examined as regards the genuineness, authenticity, rel....
Claimants asserting citizenship must substantiate their claims with credible evidence, failing which their claims may be dismissed as seen in foreigner cases.
Point of law: Citizenship - Merely because a witness or a proceedee has not produced the land document, it would be sufficient to draw an adverse inference that he is not an Indian.
The burden of proof for citizenship lies with the claimant, requiring reliable evidence that was not sufficiently provided, leading to the dismissal of the petition declaring the petitioner a foreign....
The burden of proof on individuals asserting citizenship under Section 9 of the Foreigners' Act, 1946, and the need for documentary evidence and verification of contents to establish citizenship.
The burden of proof to establish citizenship lies on the person asserting it, requiring credible evidence of lineage and personal knowledge.
When a private document is required to be proved. Even if these certificates are considered to be private documents, fact remains that these documents are more than 30 years old and if these document....
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