Back
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
SANJAY KUMAR MEDHI, SHAMIMA JAHAN
Miyar Ali S/O. Majibar Rahman – Appellant
Versus
Union Of India Rep. By The Ministry Of Home Affairs, New Delhi – Respondent
| Table of Content |
|---|
| 1. jurisdictional initiation and factual background of the tribunal reference. (Para 1 , 2 , 3) |
| 2. petitioner's argument regarding sufficiency of oral and documentary evidence. (Para 4 , 5 , 6 , 7) |
| 3. respondent's contention on absolute burden of proof and evidentiary requirements. (Para 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16) |
| 4. statutory burden of proof under section 9 and limits of writ jurisdiction. (Para 17 , 18 , 19 , 20 , 21 , 22 , 23 , 27 , 28) |
| 5. assessment of factual inconsistencies and evidentiary reliability. (Para 24 , 25 , 26) |
| 6. final adjudication dismissing the writ petition. (Para 29 , 30 , 31) |
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 17.06.2016 passed by the learned Foreigners Tribunal No.4th , Darrangin F.T. (4th ) Case No. 47/2015. 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:
Under the relevant legislation, the burden of proving citizenship rests entirely on the individual. In writ jurisdiction, the court does not act as an appellate body to re-weigh evidence but only rev....
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 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....
The burden of proof under Section 9 of the Foreigners Act, 1946 lies upon the person claiming citizenship, and the evidence presented must be supported by documentary evidence and contemporaneous rec....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
