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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
KALYAN RAI SURANA, SUSMITA PHUKAN KHAUND
Fatima Bibi @ Fatema Khatun, D/o. Sakir Hossen @ Saker Uddin Mia, W/o. Nazrul Hoque – Appellant
Versus
Union Of India, Rep. By The Ministry Of Home Deptt. – Respondent
| Table of Content |
|---|
| 1. petitioner claims indian citizenship. (Para 2 , 3 , 4 , 5 , 6) |
| 2. evidence provided by petitioner lacking validation. (Para 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15) |
| 3. burden of proof lies with the petitioner. (Para 16 , 17 , 19 , 20 , 21 , 22 , 24) |
| 4. failure to establish lineage linked to citizenship. (Para 23 , 25) |
| 5. writ petition dismissed, upholding tribunal's decision. (Para 26 , 27 , 28 , 29) |
JUDGMENT :
S.P. Khaund, J.
Heard Ms. S. Roy, learned counsel for the petitioner. Also heard Ms. A. Gayan, learned CGC; Mr. G. Sarma, learned standing counsel for the FT matters and NRC; Mr. A. I. Ali, learned standing counsel for the ECI; and Mr. P. Sarma, learned Additional Senior Govt. Advocate for the State.
2. The petitioner Fatima Bibi is aggrieved by the impugned opinion dated 30.09.2016 in F.T. Case No. FT-9/79/GKJ/2015 and Ref. Case No. IM (D) T case no. 3012/98 passed by the learned Member, Foreigners Tribunal No. 9, Dhubri, whereby the petitioner was declared to be a foreigner who had entered into India from the specified territory on or after 25.03.1971. The instant case was registered and notices were issued to the petitioner. Earlier this case was registered und
Claimants asserting citizenship must substantiate their claims with credible evidence, failing which their claims may be dismissed as seen in foreigner cases.
The burden lies on the petitioner to provide reliable evidence establishing citizenship, which was not met, leading to the declaration of foreign status.
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.
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....
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....
The burden of proving citizenship rests entirely on the proceedee. Identification documents like voter cards or certificates do not constitute conclusive proof of citizenship, and appellate courts wi....
The burden of proof for establishing citizenship lies on the individual, necessitating credible and coherent evidence, which must be reliable and consistent.
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