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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
SANJAY KUMAR MEDHI, SHAMIMA JAHAN
Fazal Haque @ Fazar Ali, S/o. LT. Gatu Mia @ Ghatu Seikh @ Ghutu Seikh – Appellant
Versus
Union Of India, Represented by the secretary to the govt. Of India – Respondent
| Table of Content |
|---|
| 1. overview of judicial challenge against foreigners' tribunal opinion. (Para 1 , 2 , 3) |
| 2. petitioner's argument regarding documentary evidence sufficiency and procedural fairness. (Para 4 , 5 , 6 , 7 , 8 , 9 , 10) |
| 3. respondent's contentions on statutory burden of proof and evidentiary standards. (Para 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18) |
| 4. section 9 mandates burden of proving citizenship lies solely with the proceedee. (Para 20 , 21) |
| 5. writ jurisdiction is restricted to supervisory review of decision-making processes. (Para 22 , 23) |
| 6. failure to prove citizenship due to vague evidence and name discrepancies. (Para 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32) |
| 7. final confirmation of tribunal order and dismissal of writ petition. (Para 33 , 34 , 35) |
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 12.09.2019 passed by the learned Foreigners’ Tribunal No. 1st , Barpeta, Assam in F.T. Case No.82/2018. By the impugned judgment, the petitioner, who was the proceedee before the
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 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....
The burden of proof under Section 9 of the Foreigners Act, 1946 lies on the proceedee and does not shift. The written statement must disclose all relevant facts, and failure to do so may lead to adve....
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