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THE GAUHATI HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
SANJAY KUMAR MEDHI, PRANJAL DAS
Fazila Khatun W/o Kuddus Ali – Appellant
Versus
Union Of India – Respondent
| Table of Content |
|---|
| 1. overview of the writ petition, tribunal order, and case history. (Para 1 , 2 , 3) |
| 2. petitioner's argument regarding documentary evidence and citizenship proof. (Para 4 , 5 , 6) |
| 3. respondent's counterarguments on burden of proof, pleading requirements, and reliability of evidence. (Para 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17) |
| 4. absolute burden of proof on the proceedee under section 9 of the foreigners act. (Para 18 , 19 , 20) |
| 5. limited supervisory nature of writ jurisdiction under article 226. (Para 21 , 22) |
| 6. evaluation finding petitioner failed to prove citizenship due to vague pleadings and inconsistent evidence. (Para 23 , 24 , 25 , 26) |
| 7. final order dismissing the petition and upholding the tribunal's findings. (Para 27 , 28 , 29) |
Judgment & Order :
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 21.12.2018 th passed by the learned Foreigners’ Tribunal (6th), Nagaon, Assam in F.T. Case No. FT(6th) 318/2016. By the impugned judgment, the petitioner, who was the proc
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 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....
The burden of proving citizenship lies entirely on the proceedee, and failure to provide cogent and reliable evidence results in a declaration of foreign nationality under Section 9 of the Foreigners....
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