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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
SANJAY KUMAR MEDHI, PRANJAL DAS
Hunufa Khatun @ Hanufa Khatoon, W/O Atabar Mandal – Appellant
Versus
Union Of India Represented By The Ministry Of Home Department, New Delhi – Respondent
| Table of Content |
|---|
| 1. factual context of the challenge to the foreigners tribunal declaration. (Para 1 , 2 , 3) |
| 2. petitioner's reliance on oral testimony and documentary evidence for citizenship. (Para 4 , 5 , 6 , 7) |
| 3. state's position on the absolute burden of proof on the proceedee. (Para 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18) |
| 4. limited scope of supervisory certiorari jurisdiction in factual determination. (Para 19 , 20 , 21 , 22 , 23) |
| 5. strict evidentiary requirements for birth certificates and link documents. (Para 24 , 25 , 26 , 27 , 28 , 29) |
| 6. dismissal of petition due to failure to discharge burden of proof. (Para 30 , 31 , 32) |
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 24.04.2019 passed by the learned Foreigners Tribunal No.2, Bongaigaon in BNGN/FT- 2/APR/Case No. 398/2016 and Ref. Case No. BNGNIMDT Case No. 422/2004. 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
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 exercise of supervisory jurisdiction, the court will not re-evaluate evidence or substitute its findings for those of the tribun....
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