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THE GAUHATI HIGH COURT AT GUWAHATI (THE HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) PRINCIPAL SEAT AT GUWAHATI
KALYAN RAI SURANA, ANJAN MONI KALITA
Md. Jaharul Ali @ Jaherul Islam – Appellant
Versus
Union of India, represented by the Secretary, Ministry of Home Affairs, New Delhi – Respondent
| Table of Content |
|---|
| 1. procedural background and factual contention of alleged citizenship. (Para 1 , 2 , 3 , 4 , 5) |
| 2. evidentiary inconsistencies regarding grandfather's identity and pre-1971 residency. (Para 6 , 7 , 8 , 9 , 10) |
| 3. insufficiency of post-1971 documentation to prove ancestry. (Para 11 , 12 , 13 , 14) |
| 4. failure to discharge burden of proof results in dismissal. (Para 15 , 16 , 17 , 18) |
JUDGMENT :
A.M. Kalita, J.
Heard Mr. A. Kaddus, learned counsel for the petitioner. Also heard Mr. B. Deka, learned CGC; Mr. A. I. Ali, learned Standing Counsel for the Election Commission of India; Mr. P. Sarma, learned Addl. Senior Government Advocate, appearing for the State respondent no. 6; and Ms. A. Verma, learned Standing Counsel, Home & Political Department (B).
2. The instant writ petition, under Article 226 of the Constitution of India has been filed by the petitioner, assailing the opinion dated 30.01.2019, passed by the learned Member, Foreigners’ Tribunal 4th, Kamrup (M) in F.T. Case No. FT (K (M)-4)969/17, corresponding to I.M.(D).T. Act Case No. 1331/03, holding that the petitioner is a foreigner who entered the State of Assam after 25.03.1971.
3. The petitioner’s case is that
The burden of proving citizenship lies with the individual, and failure to establish this results in the presumption of foreign status under the Foreigners Act.
Point of Law : 12, 16. Under Section 9 of Foreigners' Act, 1946, burden is on proceedee to prove that she is not a foreigner, but a citizen of India and this burden never shifts.
In citizenship determination proceedings, the burden of proof lies on the individual to establish ancestral linkage through consistent, corroborated documentary evidence. Mere production of documents....
The judgment reinforces the necessity of adequate evidence in citizenship claims and the implications of procedural lapses in legal proceedings.
The burden lies on the petitioner to provide reliable evidence establishing citizenship, which was not met, leading to the declaration of foreign status.
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