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THE GAUHATI HIGH COURT, (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
SANJAY KUMAR MEDHI, SHAMIMA JAHAN
Jibon Ali, S/o. Lt. Ahsan Ali – Appellant
Versus
Union Of India, Rep. By The Secy., Govt. Of India, Ministry Of Home Affairs – Respondent
| Table of Content |
|---|
| 1. summary of case history, tribunal proceedings, and evidence provided. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10) |
| 2. parties' contentions regarding genealogical linkage and document reliability. (Para 11 , 12 , 13 , 14) |
| 3. evaluation of evidentiary inadmissibility of nrc and deficient documentation. (Para 15 , 16 , 17 , 18) |
| 4. requirement to establish direct bloodline connection to indian ancestors via pre-1971 documents. (Para 19) |
| 5. court's scope of review and dismissal of the writ petition. (Para 20 , 21 , 22) |
JUDGMENT :
Shamima Jahan, J.
Heard Shri S. Choudhury, learned Counsel for the petitioner. Also heard, Shri J. Payeng, learned Standing Counsel, Home Deptt. & NRC, Shri. P.Sarma, learned Government Advocate, Assam, Shri. A.I. Ali, learned Standing Counsel, ECI and Shri S. Kakati, learned CGC.
2. By this application filed under Article 226 of the Constitution of India, the petitioner has challenged the opinion dated 25.04.2019 passed by the learned Member Foreigner’s Tribunal No.2. Kamrup (Rural) at Boko, Assam in B.F.T. case no. 1750/2016 corresponding to Police no.1246/1998 (IMDT) (NAL)C/No.2194/1998 by which the petitioner was declared a foreigner of post 25.
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....
In citizenship determination proceedings, the burden of proof lies on the individual to establish ancestral linkage through consistent, corroborated documentary evidence. Mere production of documents....
The burden lies on the petitioner to provide reliable evidence establishing citizenship, which was not met, leading to the declaration of foreign status.
The burden of proof for citizenship lies with the petitioner, who failed to establish lineage and continuous residency prior to the cutoff date, resulting in the declaration as a foreigner.
The burden of proof on individuals asserting citizenship under Section 9 of the Foreigners' Act, 1946, and the need for documentary evidence and verification of contents to establish citizenship.
The burden of proving citizenship rests entirely on the proceedee. Identification documents like voter cards or certificates do not constitute conclusive proof of citizenship, and appellate courts wi....
The burden of proof under section 9 of the Foreigners' Act 1946 is on the petitioner to establish citizenship, and minor discrepancies in documents must be explained to substantiate the claim.
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....
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