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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
SANJAY KUMAR MEDHI, SHAMIMA JAHAN
Abdul Ajid @ Md. Harzid Ali, D/O. Lt. Md. Abdul Hussain – Appellant
Versus
Union Of India Rep. By The Secy. To The Govt. Of India, Ministry Of Home Affairs, New Delhi – Respondent
| Table of Content |
|---|
| 1. initiation of citizenship determination proceedings under the foreigners act, 1946. (Para 1 , 2 , 3) |
| 2. petitioner's reliance on documents and testimony to establish indian citizenship. (Para 4 , 5 , 6 , 7) |
| 3. burden of proof on proceedee and evaluation of documentary evidence authenticity. (Para 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15) |
| 4. writ court jurisdiction and the strict burden of proof under section 9 of foreigners act. (Para 16 , 17 , 18 , 19 , 20 , 23 , 24) |
| 5. analysis of inconsistent evidence and failures to disclose material facts. (Para 21 , 22) |
| 6. final adjudication dismissing the writ petition due to lack of merit. (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 31.10.2016 passed by the learned Foreigners Tribunal no.10th, Nagaon in F.T. (D) Case No. 216/2015 arising out of SP’s FT Case No. 313/2006. 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 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 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....
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 proof lies with the individual claiming citizenship, under Section 9 of the Foreigners Act, requiring cogent evidence to substantiate the claim.
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