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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
SANJAY KUMAR MEDHI, SHAMIMA JAHAN
Samiya Khatun @ Chamiron Nessa, D/o. Lt Ahmmad Ali @ Ahmad Ali – Appellant
Versus
Union Of India, Rep. By The Ministry Of Home Affairs – Respondent
| Table of Content |
|---|
| 1. overview and procedural history of the foreigners tribunal reference. (Para 1 , 2 , 3) |
| 2. legality of lvo reports and procedures for d-voter references. (Para 4 , 5 , 6 , 29 , 30) |
| 3. necessity of cogent, corroborated documentary evidence to establish identity linkage. (Para 7 , 8 , 9 , 10 , 11 , 16 , 17 , 18 , 19 , 21 , 32 , 33 , 34 , 35 , 36) |
| 4. burden of proof in citizenship proceedings lies exclusively upon the proceedee under section 9. (Para 13 , 14 , 15 , 25 , 26 , 31) |
| 5. scope of writ certiorari is supervisory, limiting review to the decision-making process. (Para 20 , 27 , 28 , 37 , 38 , 39) |
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 07.05.2019 th passed by the learned Foreigners Tribunal No.10 ,Dhubri in FT- 10/FKJ/918/2018 (Reference: ‘D’ Voter Case No. 479/D/2008). 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 of the case may be put in a nutshell a
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 proof regarding citizenship lies on the proceedee, and failure to provide adequate admissible evidence results in a declaration of foreigner status as per the Foreigners Act.
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