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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
SANJAY KUMAR MEDHI, SHAMIMA JAHAN
Saif Uddin @ Md. Sarif Uddin, S/O Lt. Ibrahim Ali – 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. procedural background of the challenge to the foreigners tribunal opinion. (Para 1 , 2 , 3) |
| 2. petitioner's arguments relying on documentary evidence and voter lists. (Para 4 , 5) |
| 3. respondent's arguments on burden of proof under section 9 of foreigners act. (Para 6 , 7 , 8 , 9 , 10 , 11 , 12) |
| 4. legal scope of writ jurisdiction and the statutory burden of proof. (Para 13 , 14 , 15 , 16 , 17) |
| 5. requirement for full disclosure and corroborative documentary evidence. (Para 18 , 19 , 20 , 21) |
| 6. final dismissal order based on examination of facts and tribunal findings. (Para 22 , 23 , 24) |
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 at Sankardev Nagar, Hojai in F.T. (D) Case No. 209/2015. 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
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 exercise of supervisory jurisdiction, the court will not re-evaluate evidence or substitute its findings for those of the tribun....
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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