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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
SANJAY KUMAR MEDHI, SHAMIMA JAHAN
Hatu Bhanu @ Hatu Bhan, W/o. Ahazuddin – Appellant
Versus
Union Of India, Rep. By The Ministry Of Home Affairs, Govt. Of India – Respondent
| Table of Content |
|---|
| 1. overview of judicial review over foreigners tribunal proceedings (Para 1 , 2 , 3) |
| 2. evidentiary burdens and procedural arguments in citizenship disputes (Para 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14) |
| 3. section 9 of the foreigners act mandates the burden of proof lies on the proceedee (Para 15 , 16 , 17) |
| 4. writ court jurisdiction in certiorari is supervisory, not appellate (Para 18 , 19) |
| 5. documents must be substantiated by contemporaneous records and verified links (Para 20 , 21 , 22 , 23 , 24) |
| 6. tribunal decision upheld due to failure to discharge evidentiary burden (Para 25 , 26 , 27) |
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 20.11.2018 passed by the learned Foreigners Tribunal no. 4th , Darrang, Mangaldai, Assam in F.T. 4th Case No. 46/DHL/2016 arising out of Reference vide IM (D) T Case No. 482/98. 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 facts
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 writ jurisdiction, the court does not function as an appellate body to re-examine facts but limits its review to the legality of....
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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