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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
SANJAY KUMAR MEDHI, SHAMIMA JAHAN
Basaton Nessa @ Bachatan Necha, W/O. Md. Anowar Hussain – Appellant
Versus
Union Of India Represented By The Secretary To The Ministry Of Home Affairs, Govt. Of India, New Delhi – Respondent
| Table of Content |
|---|
| 1. overview of tribunal proceedings and reference. (Para 1 , 2 , 3) |
| 2. petitioner's evidentiary claims for citizenship validation. (Para 4 , 5 , 6 , 7 , 8 , 9) |
| 3. burden of proof and evidentiary shortcomings. (Para 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19) |
| 4. mandatory burden of proof on proceedee. (Para 20 , 21 , 22) |
| 5. limited scope of writ court jurisdiction. (Para 23 , 24) |
| 6. application of legal principles for evidence verification. (Para 25 , 26 , 27 , 28 , 29 , 30 , 31) |
| 7. conclusion dismissing petition for failed proof. (Para 32 , 33 , 34) |
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 29.08.2018 passed by the learned Foreigners Tribunal no.1, Kamrup (R) in G.F.T. Case No. 991/2017. 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), Kamrup District, a
The burden of proving citizenship rests entirely on the individual. In writ jurisdiction, the court does not function as an appellate body to re-examine facts but limits its review to the legality of....
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 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 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....
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