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THE GAUHATI HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
SANJAY KUMAR MEDHI, PRANJAL DAS
Halema Khatoon @ Halima Khatun W/o Late Yasin Ali – Appellant
Versus
Union Of India – Respondent
| Table of Content |
|---|
| 1. procedural background and initiating facts of the citizenship dispute. (Para 1 , 2 , 3) |
| 2. petitioner's evidence reliance on documents and witness testimony. (Para 4 , 5 , 6 , 7) |
| 3. state's arguments emphasizing the petitioner's burden of proof and evidentiary inconsistencies. (Para 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15) |
| 4. legal requirements under section 9 of the foreigners act and limitations of writ jurisdiction. (Para 16 , 17 , 18 , 19 , 20) |
| 5. tribunal's evidentiary assessment and rejection of unreliable documentary/oral claims. (Para 21 , 22 , 23 , 24 , 25) |
| 6. final dismissal order upholding the tribunal's decision. (Para 26 , 27 , 28) |
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 20.05.2019 passed by the learned Foreigners Tribunal No. 11, Barpeta, Sorbhog in F.T. Case No. 878/2016 (Reference No. 92/14). 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 fact
The burden of proof to establish citizenship lies with the proceedee, and the evidence provided must be cogent and relevant to meet this burden.
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 proof to establish citizenship lies solely with the individual under Section 9 of the Foreigners Act, 1946, and must be met with sufficient evidence, without relying on rebuttal evidenc....
The burden of proving citizenship under the Foreigners Act, 1946 lies with the proceedee, and voter lists alone do not establish nationality without supportive evidence.
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