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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
SANJAY KUMAR MEDHI, PRANJAL DAS
Sufia Khatun, W/O- Anowar Hussain – Appellant
Versus
Union Of India Rep. By The Secy. To The Govt. Of India, Ministry Of Home Affairs, New Delhi – Respondent
| Table of Content |
|---|
| 1. factual basis and procedural history of the citizenship reference dispute. (Para 1 , 2 , 3) |
| 2. petitioner challenges tribunal order based on evidence submissions and procedural fairness. (Para 4 , 5 , 6 , 7 , 8) |
| 3. respondents emphasize burden of proof and strict evidentiary requirements for citizenship claims. (Para 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18) |
| 4. court analyzes the burden of proof, evidentiary failures, and scope of certiorari jurisdiction. (Para 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32) |
| 5. dismissal of the writ petition and formal conclusion of the proceedings. (Para 33 , 34) |
JUDGMENT :
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 19.01.2019 passed by the learned Foreigners Tribunal no. 5th, Barpeta, Assam in F.T. (5th) Case No. 468/2016 arising out of Ref. IM(D)T Case No. 6635(A)/98. 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
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 exercise of supervisory jurisdiction, the court will not re-evaluate evidence or substitute its findings for those of the tribun....
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....
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