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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
KALYAN RAI SURANA, SUSMITA PHUKAN KHAUND
Sahidul Islam S/o Hormoz Ali @ Hurmuz Ali – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. procedural origins and status of the appellant. (Para 1 , 2 , 3 , 4) |
| 2. evidentiary debate regarding citizenship and linkage documents. (Para 5 , 6 , 7 , 8 , 9 , 12 , 13 , 14) |
| 3. tribunals must provide reasoned analysis of all material evidence. (Para 10 , 11 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 26) |
| 4. high court's certiorari jurisdiction and power to remand for justice. (Para 25 , 27 , 28 , 29 , 30 , 31) |
JUDGMENT :
SUSMITA PHUKAN KHAUND, J.
1. The petitioner in this case is Sahidul Islam, who is aggrieved by the judgment and order dated 14.05.2019 passed in FT Case No. 395/2017 by the learned Member, Foreigners’ Tribunal No. 3, Kamrup (M), declaring the petitioner to be an illegal migrant.
2. The Senior Superintendent of Police (B), City Guwahati, made a reference vide Jorabat OP Case No. 3199/2008 to the Foreigners’ Tribunal No. 3, Kamrup (M) 3rd, Guwahati, for opinion about the nationality of the suspect Md. Sahidul Islam, S/O - Md. Harmuj Ali. Notices were issued and the petitioner appeared and submitted his written statement in support of his nationality. He also adduced the evidence of three witnesses and exhibited several documents. After careful e
Point of Law : Merely because of certain discrepancy in the name would not render a person to be liable to be declared as a foreigner.
The court reaffirmed that the burden of proof for citizenship lies with the claimant, requiring reliable evidence linking them to their ancestors.
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.
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....
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 of proof for citizenship lies with the individual, requiring reliable evidence and clear documentation to establish claims.
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.
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