IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH
KALYAN RAI SURANA, ANJAN MONI KALITA
Ali Akbar, S/o. Late Abdul Jalil – Appellant
Versus
Union Of India, Rep. By The Secretary, Home Affairs – Respondent
JUDGMENT :
A.M. Kalita, J.
Heard Mr. R.C. Das, learned counsel appearing for the Petitioner. Also heard Mr. B. Sarma, learned CGC; Mr. A. I. Ali, learned Standing Counsel, ECI; Mr. P. Sarma, learned Addl. Senior Government Advocate as well as Ms. A.Verma, learned Standing Counsel, F.T. and Border matters.
2. The Petitioner has filed the instant writ petition assailing the Opinion dated 27.03.2019, in F.T. (8) Case No. 3640/18 (Ref. TZP (B) F.T. Case No. 20/18), passed by the learned Foreigners’ Tribunal (In short, the Tribunal) No. 8, Tezpur, whereby the learned Tribunal opined the Petitioner/Proceedee to be a Foreigner who entered Assam on or after 25.03.1971.
3. The instant case was forwarded by the Superintendent of Police (B), Sonitpur, vide Reference TZP (B) F.T. Case No. 20/18, expressing doubt about the validity of the Petitioner, namely, Md. Ali Akbar with a prayer to decide as to whether the Petitioner is or, is not a Bangladeshi national. The aforesaid reference was registered as F.T. (8) Case No. 3640/18 on 13.06.2018. After receipt of the notice, the Petitioner appeared before the learned F.T and filed his written statement. Thereafter, the Petitioner deposed himself as DW-
The court affirmed that citizenship claims must be substantiated by credible documents demonstrating lineage to ancestors present in India prior to 1971, rejecting mere assertions.
The burden of proof under section 9 of the Foreigners' Act 1946 is on the petitioner to establish citizenship, and minor discrepancies in documents must be explained to substantiate the claim.
The burden of proof for citizenship lies with the individual, requiring reliable evidence and clear documentation to establish claims.
The burden of proof for citizenship rests on the petitioner in Foreigners Act cases; discrepancies in documentation can undermine claims of Indian citizenship.
The burden lies on the petitioner to provide reliable evidence establishing citizenship, which was not met, leading to the declaration of foreign status.
Point of Law – Indian Citizenship – Proof of - onus is on the procedee to prove that he is not a foreigner but an Indian, the standard of proof is preponderance of probability.
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.
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.
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....
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.
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