Under the law, the burden of proving citizenship always rests on the individual. Documentary evidence must be formally proven by examining the authors or through verifiable source records; mere filing or exhibition of documents without proving their contents is insufficient to establish familial linkage.

JUDGMENT :

Shamima Jahan, J.

Heard Mr. H.R. Ahmed, learned counsel appearing for the petitioner. Also heard Mr. G.Sarma, learned Standing Counsel, Home Department, Mr. P. Sarma, learned Government Advocate, Assam, and Mr N Kalita, learned counsel representing Mr. A. I. Ali, learned Standing Counsel for the ECI.

2. By this application filed under Article 226/227 of the Constitution of India, the petitioner has challenged the opinion dated 05.10.2016, passed by the learned Member, Foreigners’ Tribunal No. 7, Dhubri, at Bilasipara, in FT 7th Dhubri Case No. 54/CPR/16, corresponding to FT No. 368/CPR/11, whereby the petitioner was declared a foreigner of post-25.03.1971 stream.

FACTS

3. The petitioner has stated that his grandfather’s name is Late Johir Uddin Sk. @ Johir Uddin and that his name appeared in the voters’ list of 1959 vide Serial No. 73, House No. 18 at Village Mashaneralga, under 36 Bilasipara Assembly Constituency. Thereafter, in the year 1966 as well as in the year 1970, his grandfather’s name had appeared in the voters’ list of the said years vide Serial No. 10, House No. 4 and vide Serial No. 11, House No. 2, respectively, at Village- Suapata Part-II, under the aforesaid Assembly Constituency. It is stated that his grandfather shifted his residence to the aforesaid locality, which is a neighbouring village.

4. The petitioner, thereafter stated that his father and his mother, namely, Abdul Jalil and Abeda Begum filled up electoral form on 22.04.1993, wherein it is reflected that petitioner’s father is the son of Late Johir Uddin Sk. and that both the grandfathers and the father’s name of the petitioner appeared in the voters’ list of 1997, vide Serial No. 358 and 362, respectively, in House No. 156 at Village-Suapata Part-I of Dhubri district. It is also stated by the petitioner that his father expired in the year 2010 and that till his father’s death, his name, i.e., his father’s name was enlisted in the voters’ list. To further establish the linkage, the petitioner has relied on the family identity card, issued by the Government, which reflected the name of the father of the petitioner as son of Johir Uddin. Apart therefrom, he had also relied on the certificate issued by the Secretary of Mashaneralga Gaon Panchayat, certifying his father as son of Johir Uddin. The petitioner also relied upon the bank account maintained with the UCO Bank by his father, wherein his father was shown to be the son of Johir Uddin. Further, a land holding certificate dated 29.05.2013 issued by the Circle Officer, Bilasipara Revenue Circle was also relied upon to give effect to the fact that his father is the son of Johir Uddin. Furthermore, the petitioner also relied on a certificate issued by the Headmaster of Mashaneralga L P School, which disclosed that the petitioner is the son of Abdul Jalil.

5. The petitioner further stated that in the year 2006, the petitioner shifted to Village Siberdhabri from Village-Suapata and that he submitted his enrollment form but the ERO put ‘D’ against his name. It be stated here that pursuant thereto, an investigation is conducted by the Enquiry Officer and submitted to the ERO, who in turn, forwarded the report to the Superintendent of Police, Dhubri, who had then made the reference to the learned Member, Foreigners’ Tribunal, Dhubri as ‘D’ Voter case. The learned Tribunal registered the said case and issued notice to which the petitioner who appeared and submitted his written statement and produced documents in support of his citi