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THE GAUHATI HIGH COURT, (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
SANJAY KUMAR MEDHI, SHAMIMA JAHAN
Nur Alom, S/o. Lt. Jahur Ali Miya – Appellant
Versus
Union of India, Thr. The Secretary, To The Govt. of India, Ministry of Home Affairs – Respondent
| Table of Content |
|---|
| 1. overview of the legal challenge regarding citizenship status and tribunal reference. (Para 1 , 2 , 3) |
| 2. parties' contentions regarding evidentiary standards and burden of proof in foreigners tribunal. (Para 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14) |
| 3. establishment of the burden of proof under section 9 of the foreigners act and limits of certiorari jurisdiction. (Para 15 , 16 , 17 , 18 , 19) |
| 4. evaluation of evidence and requirement for full disclosure and corroborative documentation. (Para 20 , 21 , 22 , 23) |
| 5. final order dismissing the petition due to failure to discharge the burden of proof. (Para 24 , 25 , 26) |
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 30.03.2019 nd nd passed by the learned Foreigners Tribunal No.2, Barpeta in F.T. (2 ) Case No. 827/2016 [IM(D)T Case No.1240/B/98]. 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 p
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 writ jurisdiction, the court does not function as an appellate body to re-examine facts but limits its review to the legality of....
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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