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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
SANJAY KUMAR MEDHI, PRANJAL DAS
Dabir Rahman @ Dabibur Rahman, S/O- Lt Jasim Uddin @ Jasi Sheikh – 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 legal challenge against foreigners tribunal opinion. (Para 1 , 2 , 3) |
| 2. parties' contentions regarding evidentiary sufficiency and burden of proof. (Para 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16) |
| 3. strict application of section 9 burden of proof and limited scope of writ jurisdiction. (Para 17 , 18 , 19 , 20 , 21) |
| 4. requirement of cogent documentary evidence and verified linkage for citizenship claims. (Para 22 , 23 , 24 , 25 , 26) |
| 5. dismissal of writ petition affirming the tribunal’s original findings. (Para 27 , 28 , 29) |
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 21.07.2018 passed by the learned Foreigners Tribunal No.4 , Darrang, Mangaldai in F.T. 4th Case No. 83/SPR/2017 and FT Case No.5022/2011 (Ref. FT Case No.1193 dated 15.12.2010). 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 fo
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....
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 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....
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