In citizenship proceedings, the statutory burden of proof rests entirely on the individual to provide consistent and corroborated documentary evidence. Oral testimony, when contradictory or unsupported by verifiable records that link the individual to ancestral residency prior to the cut-off date, is insufficient to rebut the status of a foreigner.

JUDGMENT AND ORDER :

(K.R. Surana, J.)

Heard Mr. M.U. Mahmud, learned counsel for the petitioner. Also heard Ms. K. Phukan, learned CGC for respondent no.1; Mr. G. Sarma, learned standing counsel for FT, Border matters and NRC for respondent nos. 2, 4 and 5; and Mr. H.K. Hazarika, learned Govt. Advocate for respondent no.3.

2. By filing this writ petition under Article 226 of the Constitution of India, the petitioner, namely, Md. Saken Ali, has assailed the opinion dated 17.07.2017, passed by the learned Member, Foreigners Tribunal No. 1, Goalpara, Assam, in F.T. Case No. 751/G/2006 [arising out of Ref. Case No. GLP(B)/Doubtful IM/98/7196; ERO Case No. 158-98/38], thereby declaring him to be a foreigner, who had entered into Assam on or after 25.03.1971.

3. In his written statement that was filed on 10.09.2008, apart from usual statements denying that he was a foreigner, the petitioner had stated that he was born in village- Katlamari, under River Police Station, Pancharatna, Dist. Goalpara. The name of his father is Babur Ali, whose name is enlisted in the voter list of 1966 of village- South Katlamari, under 43 Bongaigaon LAC. The petitioner had also casted his vote previously at Khutamari Voting Centre. The name of Khanu Sk, petitioner’s grandfather appeared in the said voter list. The petitioner is presently staying in village- Khutamari, PS and Dist. Goalpara, Assam, as river Brahmaputra had eroded his residence of 19 years. It was also stated that the case was filed against the petitioner for harassment. Accordingly, it was prayed that the petitioner be declared not a foreigner but an Indian Citizen.

4. In support of his defence, the petitioner had examined himself as DW-1. Apart from reiterating the statements made in his written statement, the petitioner had stated that the name of his father- Babur Ali; grandfather- Thanu Sheikh, grandmother- Chambuli Nessa, paternal uncle- Azid Sheikh and paternal aunt- Sahar Bhanu, appeared in the same house in the voter list of 1970 of village- Dakshin Katlamari Part, under 43 Bongaigaon LAC. The name of his parents, Babur Ali and Shaharun Nessa are recorded in the voter list of 1979 of village- 193 Katlamari, under 38 Goalpara West LAC, and the names of his grandfather- Thanu Sheikh, @ Khanu Sheikh and paternal uncle- Amzadali appeared in the same house in the said voter list. It was also stated that Village-Katlamari was eroded in the River Brahmaputra and therefore, his father along with his family members including him shifted to village- Khutamari under Balijana Circle, P.S., Sub-Division and Dist. Goalpara. His name was first enumerated and appeared in the voter list of 1989 of village- Khutamari under 38 Goalpara LAC, and the names of his parents, Babor Ali and Saharun Nessa were also recorded under the same house of the said voter list. His name was also recorded in the voter list of 1997 village No.7 Khutamari, under 38 Goalpara West LAC, and the names of his parents, Babor Ali and Saharun Nessa and his wife Johura Khatun are also recorded under the same house of t