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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH
KALYAN RAI SURANA, SHAMIMA JAHAN
Jaygun Bibi, W/o. Md. Ibrahim Ali, D/o. Ambaj Ali – Appellant
Versus
Union Of India, Rep. By The Secy. To The Ministry Of Home Affairs – Respondent
| Table of Content |
|---|
| 1. details of petitioner's citizenship claim (Para 2 , 3 , 4 , 5 , 6) |
| 2. arguments regarding investigation and document validity (Para 7 , 8 , 9 , 10) |
| 3. court's examination of the proceedings (Para 11 , 12 , 13 , 14 , 15 , 16) |
| 4. petition dismissal and declaration as foreigner (Para 38) |
| 5. conclusion and order reaffirmation (Para 39 , 40 , 41 , 42) |
JUDGMENT :
K.R. Surana, J.
Heard Mr. A.R. Sikdar, learned counsel for the petitioner. Also heard Ms. B.Sarma, learned CGC for respondent no.1; Ms. A. Verma, learned standing counsel for respondent nos. 2, 4 and 6; Mr. P. Sarmah, learned Addl. Senior Govt. Advocate for respondent no. 3; and Mr. A.I. Ali, learned standing counsel for respondent no.5.
2) By filing this writ petition under Article 226 of the Constitution of India, the petitioner has assailed the opinion dated 21.06.2016, passed by nd the learned Member, Foreigners Tribunal (2), Morigaon, Assam, in Case No. F.T.(D) 1189/11 [Police Ref. D/N Case No. 175/97 dated 15.12.1997, arising out of E.R.O. Ref. No. LDB/ERO/81/16/12 dated 31.10.1997], by which the petitioner, namely, Musstt. Joygun Bibi, was declared to be a foreigner under Section 2 (a) of the Foreigners Act, 1
The petitioner failed to prove citizenship under the Foreigners Act, 1946, as the presented documentation was insufficient and lacked proper verification.
A quasi-judicial authority must consider all relevant evidence and materials in its decision-making to ensure validity and prevent arbitrary conclusions.
The burden of proving citizenship lies with the individual claiming it, and mere oral testimony is inadequate without corroborating documentary evidence.
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