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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
SANJAY KUMAR MEDHI, PRANJAL DAS
Dilowara Begum D/o- Lt. Rakman Miya @ Rakman Mallik @ Rashman – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. procedural history of transfer from imdt to foreigners tribunal. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8) |
| 2. summary of evidence, pleadings, and testimonies provided by the petitioner. (Para 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20) |
| 3. contentions of parties regarding link evidence and validity of documents. (Para 21 , 22 , 23 , 24) |
| 4. analysis of name consistency and insufficiency of oral testimony vs documents. (Para 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33) |
| 5. evidentiary value of gaonbura certificates and credibility of oral witnesses. (Para 34 , 35 , 36 , 37 , 38) |
| 6. failure to discharge the burden of proof under section 9 of the foreigners act. (Para 39 , 40 , 41 , 42) |
JUDGMENT & ORDER (CAV)
(Pranjal Das, J)
1. Heard Shri R. Dhar, learned counsel for the petitioner. Also heard Shri J. Payeng, learned Standing Counsel, Home Department and N.R.C.; Ms. A. Phookan, GA, Assam; Shri. N. Kalita, (on behalf of Mr. A.I. Ali, SC, ECI); Ms. P.R. Choudhury (on behalf of Mr. H. Gupta, CGC).
2. The petitioner, namely, Dilowara Begum has invoked the provisions of Article 226 of the Constitution of India to file this writ petition against the order Judgment and order dated
The main legal point established is the requirement for link documents and the verification of contents in certificates to prove Indian citizenship under the Foreigners' Act, 1946.
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.
The burden of proof lies with the petitioner to establish citizenship through credible evidence, and discrepancies in documentation can lead to a declaration of foreign nationality.
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....
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....
A person who is suspected to be an illegal migrant collusively by matching and resembling similarly of names can picked up voter lists of 1966 and 1970 with help of internet communication system by c....
The burden of proof for citizenship lies with the individual, requiring reliable evidence and clear documentation to establish claims.
Claimants asserting citizenship must substantiate their claims with credible evidence, failing which their claims may be dismissed as seen in foreigner cases.
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