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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
SANJAY KUMAR MEDHI, SHAMIMA JAHAN
Mamtaj Begum D/o Iman Ali – Appellant
Versus
Union of India Rep. by the Secretary, New Delhi – Respondent
| Table of Content |
|---|
| 1. procedural history of the citizenship reference case. (Para 1 , 2 , 3) |
| 2. petitioner's reliance on documentary evidence and ero report incompleteness. (Para 4 , 5 , 6 , 7) |
| 3. respondent's assertion on the absolute burden of proof on the proceedee. (Para 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16) |
| 4. section 9 of the foreigners act places the burden of proof on the proceedee. (Para 18 , 19) |
| 5. writ jurisdiction is supervisory, not appellate; limited to decision-making process. (Para 20 , 21) |
| 6. failure to prove linkage and inconsistencies in oral/documentary evidence. (Para 22 , 23 , 24 , 25) |
| 7. dismissal of petition affirming the tribunal’s finding of foreign national status. (Para 26 , 27 , 28) |
JUDGMENT :
SANJAY KUMAR MEDHI, J.
1. 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 12.11.2018 passed by the learned Foreigners Tribunal no.7th, Barpeta in F.T. Case No. 13/2017 [Reference IM(D)T Case No. 4198/1998]. By the impugned judgment, the petitioner, who was the proceedee before the learned Tribunal, has
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....
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 under Section 9 of the Foreigners Act, 1946 lies upon the person claiming citizenship, and the evidence presented must be supported by documentary evidence and contemporaneous rec....
Under the relevant legislation, the burden of proving citizenship rests entirely on the individual. In writ jurisdiction, the court does not act as an appellate body to re-weigh evidence but only rev....
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