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THE GAUHATI HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
SANJAY KUMAR MEDHI, PRANJAL DAS
Chabiya @ Sabiya Begum @ Sabia Nessa W/o Bachu Miya @ Badsha – Appellant
Versus
Union Of India – Respondent
| Table of Content |
|---|
| 1. overview of judicial challenge against foreigners tribunal opinion. (Para 1 , 2 , 3) |
| 2. petitioner's reliance on secondary evidence (voter lists, certificates) to prove citizenship. (Para 4 , 5 , 6 , 7 , 8 , 9 , 10) |
| 3. respondent's contention on strict burden of proof under section 9 of the foreigners act. (Para 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18) |
| 4. scope of writ jurisdiction (certiorari) and the absolute burden of proof on the proceedee. (Para 19 , 20 , 21 , 22 , 23) |
| 5. evaluation of documentary evidence's reliability and requirement for contemporaneous record proof. (Para 24 , 25 , 26 , 27 , 28 , 29) |
| 6. precedential analysis on pleadings, variance between proof and pleading, and the inadequacy of oral testimonies. (Para 30 , 31 , 32 , 33) |
| 7. dismissal of the writ petition due to failure to discharge the burden of proof. (Para 34 , 35 , 36) |
Judgment & Order :
(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 17.11.2018 passed by the learned Member, Foreigners Tribunal III, Barpeta i
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 writ jurisdiction, the court does not function as an appellate body to re-examine facts but limits its review to the legality of....
Under the relevant legislation, the burden of proving citizenship rests entirely on the individual. In writ jurisdiction, the court does not act as an appellate body to re-weigh evidence but only rev....
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