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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
SANJAY KUMAR MEDHI, SHAMIMA JAHAN
Jaynab Bibi, W/o. Hamed Ali – Appellant
Versus
Union Of India, Rep. By Its Secy., Govt. Of India – Respondent
| Table of Content |
|---|
| 1. procedural history and factual background of the citizenship challenge. (Para 1 , 2 , 3) |
| 2. parties' contentions regarding evidentiary burden and tribunal scope. (Para 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17) |
| 3. burden of proof under section 9 of the foreigners act lies solely on the proceedee. (Para 19 , 20) |
| 4. certiorari jurisdiction is supervisory and strictly precludes appellate-style evidence review. (Para 21 , 22) |
| 5. failure to establish linkage through cogent documentary and contemporaneous evidence justifies tribunal findings. (Para 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31) |
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 06.05.2019 passed by the learned Foreigners Tribunal No.1, Dhubri in F.T. Case No. 3221/D/2011. 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 as follows:
(i) A reference was made
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 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....
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