The burden of proving citizenship rests exclusively on the individual. Claims require clear, verified documentary evidence establishing a continuous bloodline linkage to an ancestor in the country prior to the specified cut-off date, rather than relying on unverified or uncorroborated identification records.

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 she was born and brought up at Village Besimari Pam, Mouza-Sarukhetri, PS Sarthebari, Barpeta, about 48 years ago, on the date of filing of the petition. She further stated that her father was Saheb Ali and her mother’s name is Matiran Nessa and that the name of her grandfather was Naser Ali Matabbar and grandmother’s name was Yaton Nessa. She also stated that in the voters’ list of 1965, the name of her grandfather, grandmother, father and mother appeared therein at 53 No. Sarukhetri (A.O) LAC. She, thereafter, stated that in the voters’ List of 1970, along with the name of her grandfather, grandmother, father and mother, her uncle’s name also appeared as Sadok Ali, son of Naser Ali Matabbar at 53 No. Sarukhetri (S.C) LAC. The petitioner had annexed both the Voters’ Lists of 1965 and 1970 in the petition. It be further stated here that during the trial, more specifically, on 11.06.2018 as well as on 02.07.2018, the petitioner had submitted photocopies of some documents.

3. The petitioner further stated that after the year 1970, her parents shifted from the village Besimari Pam to Village-Burikhamar Pam, Mouza- Sarukhetri, PS-Sarthebari, Barpeta. She, thereafter stated that in the year 1977, the voters’ list reflected the name of her brother and sister-in-law, namely, Lal Miya, son of Late Saheb Ali, and Kamala, vide Serial No. 439 and 440 under 46 No. Sarukhetri LAC and that again in the voters’ list of 2010, her said brother and sister-in-law’s name had appeared under the same LAC. The copies of the said voters’ list of 1997 and 2010 were annexed to the said writ petition.

4. The petitioner, thereafter, stated that she got married to Sandesh Khan, resident of Village-Garartari, Sarthebari, Barpeta, Assam and that after marriage in the voters’ list of 1989, her name along with her husband appeared vide Serial Nos. 24 and 20, respectively, under the aforesaid LAC. The petitioner has annexed the said voters’ list in the petition.

5. In order to establish her citizenship, the petitioner stated that she holds a Gaon Panchayat certificate dated 20.06.2015, issued by the Secretary, wherein, it was stated that the petitioner is the daughter of Saheb Ali. Along with the same, she has also placed a Gaon Burah certificate dated 09.05.2018, issued by Sri Harmohan Das in her favour showing her permanent residence. Furthermore, she has also in her possession, a PAN Card, issued by the Income Tax Department, showing her as the daughter of Saheb Ali, as well as Elector Photo Identity Card, showing her as wife of Sandesh Khan. The said certificates as well as the cards were annexed in the writ petition by the petitioner.

6. However, on 12.10.1997, the Local Verification Officer, after an investigation, in respect of the petitioner, as directed by the Electoral Registrati