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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
KALYAN RAI SURANA, MITALI THAKURIA
Jahura Khatun D/o Lt. Tukku Miya @ Siraj Uddin – Appellant
Versus
Union Of India – Respondent
JUDGMENT AND ORDER :
(K.R. Surana, J.)
Heard Mr. A.R. Sikdar, learned counsel for the petitioner. Also heard Ms. B.Sarma, learned CGC appearing for respondent No.1; Mr. J. Payeng, Advocate, standing counsel for FT and Border matters, representing respondent nos. 2, 3 and 5; Mr. A.I. Ali, Advocate, learned standing counsel for Election Commission of India, respondent no.6; and Mr. P. Sarmah, learned Addl. Senior Govt.Advocate representing respondent no.4.
2. By filing this writ petition under Article 226 of the Constitution of India, the petitioner, namely, Jahura Khatun, has challenged the opinion dated 12.07.2018, passed by the learned Member, Foreigners Tribunal No. 4th, Barpeta, Assam, in. F.T. Case No 135/2017, arising out of Ref. F.T. Case No. 1287(A) dated 09.07.98, thereby declaring her to be a foreigner, who had entered into Assam on or after 25.03.1971.
3. In her written statement the petitioner has stated that she is the wife of Shajahan Ali and is a bona fide citizen of India by birth and residing at Vill. Digir Pathar, Mouza-Mandia, P.S. Baghbar, District- Barpeta, Assam. The names of Tukku Miya @ Shiraj Uddin, her father and Moiran Nessa, her mother appeared in the voter l
The petitioner failed to prove citizenship under the Foreigners Act, 1946, as the presented documentation was insufficient and lacked proper verification.
The burden of proof for citizenship lies with the individual claiming it, and failure to provide credible evidence results in a declaration of foreigner status.
A foreigner's status must be proven by credible and verifiable evidence linking them to claimed Indian ancestors; mere appearances in voter rolls are insufficient.
The burden of proof lies on the petitioner to establish citizenship, which was not met due to insufficient evidence linking her to her claimed lineage.
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