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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
Aysha Khatun, W/o. Mainuddin Ahmed – Appellant
Versus
State Of Assam, Rep. By The Comm. And Secy. To The Govt. Of Assam – Respondent
| Table of Content |
|---|
| 1. petitioner claims citizenship based on family history. (Para 2 , 3) |
| 2. supporting documents and affidavits presented. (Para 4 , 5 , 6 , 10) |
| 3. tribunal declared petitioner a foreigner due to insufficient evidence. (Para 7 , 15 , 16) |
| 4. petitioner argues for review and further evidence. (Para 8 , 9 , 11) |
| 5. court discusses procedural issues with petitioner's review application. (Para 17 , 19) |
| 6. court upheld tribunal's decision, dismissing the petition. (Para 21 , 22 , 23) |
JUDGMENT :
K.R. Surana, J.
Heard Ms. M. Deb, learned counsel for the petitioner. Also heard, Mr. J. Payeng, learned counsel for the FT and Border matters, representing respondent nos. 1, 4 and 6; Mr. S.P. Choudhury, learned CGC appearing for respondent no.2; Mr. H.K. Hazarika, learned Government Advocate for respondent no.3; and Mr. H. Kuli, learned counsel, appearing on behalf of Mr. A.I. Ali, learned standing counsel for the respondent no.5.
2) By filing this writ petition under Article 226 of the Constitution of India, the petitioner, namely, Musstt. Aysha Khatun, has assailed the opinion dated 03.03.2018, passed by the learned Member, Foreigners Tribunal No. 5th , Goalpara, in F.T. Case No. F.T/5/84/
A foreigner's status must be proven by credible and verifiable evidence linking them to claimed Indian ancestors; mere appearances in voter rolls are insufficient.
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 burden of proving citizenship lies with the individual, requiring credible documentary evidence to substantiate claims of nationality.
The burden of proof for citizenship lies with the individual claiming it, and failure to provide credible evidence results in a declaration of foreigner status.
Review petitions in citizenship cases require new evidence or errors apparent on record, not mere re-hearing of previous arguments.
The court upheld the Tribunal's decision declaring the petitioner a foreigner due to insufficient evidence of citizenship, emphasizing the importance of credible documentation.
A person shall be deemed to be of an Indian origin, if he, or either of his parents or of any of his grandparents was born in undivided India and as such, these provisions of Section 6A would cover p....
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 for citizenship lies with the individual asserting it, particularly under the Foreigners' Act, and the petitioner failed to establish her claims adequately.
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