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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
SANJAY KUMAR MEDHI, SHAMIMA JAHAN
Musstt. Shilpi Begum, D/o. Md. Ajir Uddin – Appellant
Versus
Union Of India, Represented By The Commissioner And Secretary – Respondent
| Table of Content |
|---|
| 1. overview of the writ petition challenging a foreigners tribunal opinion. (Para 1 , 2 , 3) |
| 2. petitioner's contention regarding reliance on documents (voter lists/birth certificates) to prove citizenship. (Para 4 , 5 , 6) |
| 3. respondent's stance on the absolute burden of proof under section 9 of the foreigners act, 1946. (Para 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14) |
| 4. jurisdictional limits of a writ court regarding decision-making process and burden of proof. (Para 15 , 16 , 17 , 18 , 19) |
| 5. assessment of evidence; necessity of supporting oral testimony with authentic documentation and contemporaneous records. (Para 20 , 21 , 22 , 23) |
| 6. dismissal of the petition due to failure to discharge the burden of proof. (Para 24 , 25 , 26) |
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 10.10.2018 passed by the learned Foreigners Tribunal No.7, Nagaon at Lanka in FT/L/Case No. 1179/2016 [arising out of SP’s Case No.1151/2005]. By the impugned judgment, the petitioner, who was the proceede
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 proceedee under the relevant statute. In writ jurisdiction, the court acts in a supervisory capacity and will not interfere with factual findin....
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 proving citizenship rests entirely on the individual. In exercising supervisory jurisdiction, the court does not act as an appellate body and will not reweigh evidence or interfere with....
The burden of proving citizenship rests entirely on the individual. A writ court exercising certiorari jurisdiction cannot act as an appellate authority to reweigh evidence; it is limited to reviewin....
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