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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
KALYAN RAI SURANA, SHAMIMA JAHAN
Shajiran @ Saziran Bewa, W/O. A. Rashid – Appellant
Versus
Union Of India Rep. By The Secretary To The Govt. Of India, Ministry Of Home Affairs, New Delhi – Respondent
| Table of Content |
|---|
| 1. procedural context and competing contentions regarding citizenship and linkage evidence. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10) |
| 2. failure to disclose material facts and inconsistencies in oral evidence. (Para 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18) |
| 3. mandatory burden of proving citizenship through admissible, corroborated documentary evidence. (Para 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27) |
| 4. dismissal of petition due to absence of proof of linkage and lack of jurisdictional error. (Para 28 , 29 , 30 , 31 , 32) |
JUDGMENT :
K.R. Surana, J.
Heard Mr. A.A. Dewan, learned counsel for the petitioner. Also heard Mr. K. Gogoi, learned CGC for respondent no.1; Ms. A. Verma, learned standing counsel for FT and Border matters for respondent nos. 2, 4 and 6; Mr. P. Sarmah, learned Addl. Senior Govt. Advocate for respondent no.3; and Mr. A.I. Ali, learned standing counsel for Election Commission of India for respondent no.5.
2) By filing this writ petition under Article 226 of the Constitution of India, the petitioner, namely, Shajiran @ Saziran Bewa, has assailed the opinion dated 26.06.2018, passed by the learned Member, Foreigners Tribunal-5 , Barpeta, Assam, in Case N
The burden of proof lies on the petitioner to establish citizenship, which was not met due to insufficient evidence linking her to her claimed lineage.
The court upheld the Tribunal's decision declaring the petitioner a foreigner due to insufficient evidence of citizenship, emphasizing the importance of credible documentation.
The burden of proof lies with the petitioner to establish citizenship through credible evidence, and discrepancies in documentation can lead to a declaration of foreign nationality.
Merely because documents were collected by petitioner during pendency of reference, it cannot be a ground to ignore same as documents have to be examined as regards the genuineness, authenticity, rel....
The burden lies on the petitioner to provide reliable evidence establishing citizenship, which was not met, leading to the declaration of foreign status.
Citizenship requires establishing a direct, consistent bloodline linkage to an ancestor present before the specified cut-off date. Documentary evidence, such as voters' lists and residential certific....
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