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GAUHATI HIGH COURT
Sanjay Kumar Medhi, Shamima Jahan, JJ
Samsul Ali – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. overview of the challenge against a foreigners tribunal opinion regarding residency status. (Para 1 , 2) |
| 2. contentions of the petitioner relying on voters lists and village certificates to prove citizenship. (Para 3 , 4 , 5 , 6) |
| 3. arguments emphasizing the burden of proof under section 9 of the foreigners act, 1946. (Para 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15) |
| 4. court's interpretation of burden of proof and limited scope of certiorari jurisdiction. (Para 16 , 17 , 18 , 19 , 20) |
| 5. court application of legal principles to the specific evidence, concluding that the petitioner failed to meet the burden. (Para 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28) |
JUDGMENT & ORDER
(S.K. Medhi, J.)
1. The extra-ordinary jurisdiction of this Court has been sought to be invoked by filing this application under Article 226 of the Constitution of India by putting to challenge the opinion rendered vide impugned order dated 29.08.2018 passed by the learned Foreigners Tribunal No. 4, Darrang, Mangaldoi in F.T. Case No.128/SPR/2017. By the impugned judgment, the petitioner, who was the proceedee before the learned Tribunal, has been declared to be a foreigner post 25.03.1971.
2. The facts of
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