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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
SANJAY KUMAR MEDHI, SHAMIMA JAHAN
Ismail Ali @ Ismail, S/o- Lt. Abdul Rahim @ Nantu – Appellant
Versus
Union Of India Rep. By The Ministry Of Home Affairs, Govt. Of India – Respondent
| Table of Content |
|---|
| 1. overview of proceedings before the foreigners tribunal. (Para 1 , 2 , 3) |
| 2. rival contentions regarding citizenship evidence and burden of proof. (Para 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14) |
| 3. burden of proof on proceedee and restricted writ court review. (Para 15 , 16 , 17 , 18 , 19) |
| 4. critical evaluation of evidence consistency and document authentication. (Para 20 , 21 , 22 , 23 , 24) |
| 5. final confirmation of tribunal findings and case dismissal. (Para 25 , 26 , 27) |
JUDGMENT :
S.K. Medhi, J.
The extra-ordinary jurisdiction of this Court has been sought to be invoked by filing this application under Article 226 of the Constitution of India by putting to challenge the opinion rendered vide impugned order dated 24.06.2019 passed by the learned Foreigners Tribunal no.3rd , Morigaon in F.T. Case No. 10/2015. By the impugned judgment, the petitioner, who was the proceedee before the learned Tribunal has been declared to be a foreigner post 25.03.1971.
2. The facts of the case may be put in a nutshell as follows:
(i) A reference was made by the Superintendent of Police (B), Morigaon District, against the petitioner giving rise to the aforesaid F.T. Case No. 10/2015
The burden of proving citizenship rests entirely on the individual. In exercising supervisory jurisdiction, the court does not act as an appellate body and will not reweigh evidence or interfere with....
The burden of proving citizenship rests entirely on the individual. A writ court exercising certiorari jurisdiction cannot act as an appellate authority to reweigh evidence; it is limited to reviewin....
The burden of proving citizenship rests entirely on the proceedee under the relevant statute. In writ jurisdiction, the court acts in a supervisory capacity and will not interfere with factual findin....
In citizenship proceedings, the burden of proof rests entirely on the individual. Documentary evidence requires proof of both authenticity and contents through the examination of authors and contempo....
The burden of proof lies with the individual claiming citizenship, under Section 9 of the Foreigners Act, requiring cogent evidence to substantiate the claim.
The burden of proving citizenship lies entirely on the proceedee, and failure to provide cogent and reliable evidence results in a declaration of foreign nationality under Section 9 of the Foreigners....
The burden of proving citizenship rests entirely on the individual. In exercise of supervisory jurisdiction, the court will not re-evaluate evidence or substitute its findings for those of the tribun....
The burden of proving citizenship is on the proceedee under Section 9 of the Foreigners Act, 1946, and the Writ Court does not review factual determinations of the Tribunal unless procedural impropri....
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