Back
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
KALYAN RAI SURANA, SHAMIMA JAHAN
Rahatan Nessa @ Behatan Nessa, W/o- Sandesh Khan – Appellant
Versus
Union Of India Represented By The Secretary To The Ministry Of Home Affairs, Govt. Of India, New Delhi – Respondent
| Table of Content |
|---|
| 1. court jurisdiction in challenging foreigners' tribunal opinions. (Para 1) |
| 2. failure to satisfy burden of proof regarding citizenship and pedigree. (Para 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12) |
| 3. disputes regarding evidentiary standards and admissibility of documents. (Para 13 , 14 , 15 , 16 , 17) |
| 4. necessity of establishing direct bloodlink and proving document contents. (Para 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35 , 36 , 37 , 38 , 39) |
| 5. dismissal of writ due to failure to discharge evidentiary burden. (Para 40 , 41 , 42 , 43) |
JUDGMENT :
Shamima Jahan, J.
The extraordinary jurisdiction of this Court has been invoked by filing this application under Article 226 of the Constitution of India by which the petitioner has challenged the opinion dated 14.02.2019, passed by the learned Member, Foreigners’ Tribunal-III, Barpeta, in FT Case No. 827(III) of 2013, corresponding to Reference IMDT Case No. 5711 of 1998. By the said impugned opinion, the petitioner, who was the proceedee before the learned Tribunal has been declared to be a foreigner post-25.03.1971 stream.
FACTS:
2. The petitioner stated in her petition that sh
In citizenship proceedings, the burden of proof lies solely on the individual. Oral testimony of relatives, without corroborating admissible documentary evidence, is insufficient to establish linkage....
The burden of proof on individuals asserting citizenship under Section 9 of the Foreigners' Act, 1946, and the need for documentary evidence and verification of contents to establish citizenship.
Merely because documents were collected by petitioner during pendency of reference, it cannot be a ground to ignore same as documents have to be examined as regards the genuineness, authenticity, rel....
Citizenship requires establishing a direct, consistent bloodline linkage to an ancestor present before the specified cut-off date. Documentary evidence, such as voters' lists and residential certific....
In citizenship proceedings, the burden of proof lies on the proceedee to establish a direct bloodline connection to an Indian ancestor. Identity documents are not conclusive proof of citizenship, and....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
