Back
IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH
KALYAN RAI SURANA, SUSMITA PHUKAN KHAUND
Md. Ali Hussain @ Md. Ali Hussain S/o Late Abdul Jabbar – Appellant
Versus
Union of India, Rep. by the Secretary, New Delhi – Respondent
| Table of Content |
|---|
| 1. petitioner's claim of indian citizenship based on voter lists. (Para 1 , 2 , 3 , 4 , 5) |
| 2. arguments regarding evidence and petitioner's claims. (Para 6 , 7 , 8 , 11 , 12) |
| 3. court's analysis of evidence and documentation. (Para 10 , 16 , 18 , 20 , 26) |
| 4. legal standards for proving citizenship and evidentiary requirements. (Para 17 , 19 , 22) |
| 5. final ruling dismissing the petition based on findings. (Para 29 , 30 , 31) |
JUDGMENT :
SUSMITA PHUKAN KHAUND, J.
1. The petitioner in this case is Md. Ali Hussain @ Md. Ali Hussain, who is aggrieved by the opinion dated 29.04.2019 passed by the learned Member, Foreigners’ Tribunal Morigaon 3rd in Case No. F.T. (C) 259/2015 and Reference I.M. (D) T. Case No. 90/2002, declaring the petitioner to be a foreigner, who entered into India (Assam) after 25.03.1971.
2. It is contended that the petitioner is an Indian citizen and his father Abdul Jabbar @ Jabbar was a permanent resident of Village - Goroimari, P.S. – Laharighat, Laharighat LAC, District – Nagaon.
3. After 1984, the petitioner’s father shifted base to Thanagara Revenue village – Charabari, Mouza – Dhadua, P.S. – Morigaon, which is a village adjacent to Khatarbari and both t
The burden lies on the petitioner to provide reliable evidence establishing citizenship, which was not met, leading to the declaration of foreign status.
In citizenship determination proceedings, the burden of proof lies on the individual to establish ancestral linkage through consistent, corroborated documentary evidence. Mere production of documents....
The burden of proof for citizenship lies with the petitioner, who failed to establish lineage and continuous residency prior to the cutoff date, resulting in the declaration as a foreigner.
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....
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 judgment reinforces the necessity of adequate evidence in citizenship claims and the implications of procedural lapses in legal proceedings.
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
