The burden of proving citizenship under the Foreigners Act, 1946 rests solely on the proceedee; failure to establish a direct bloodline linkage to an Indian ancestor appearing in documents prior to March 25, 1971, renders the citizenship claim invalid, regardless of identity documents like Voter ID or PAN cards.

JUDGMENT AND ORDER (CAV)

(Shamima Jahan, J.)

Heard Mr. A. M. Ahmed, learned counsel appearing for the petitioner. Also heard Mr. S. K. Medhi, learned CGC, appearing on behalf of the Union of India; Mr. A. I. Ali, learned Standing Counsel for the ECI, Mr P. Sarmah, learned Additional Senior Government Advocate, Assam, and Mr. G. Sarma, learned Standing Counsel for the FT, Border matters and NRC.

2. By this application filed under Article 226 of the Constitution of India, the petitioner has challenged the legality and validity of the opinion dated 22.02.2019, passed by the learned Member, Foreigners’ Tribunal, Bongaigaon No. 2, Abhayapuri, in BNGN/FT-2/APR/Case No. 251/216, corresponding to Ref. No. BNGN IM(D)T Case No. 1798/03, whereby the petitioner was declared a foreigner of post-25.03.1971 stream.

FACTS

3. The petitioner stated that she belongs to a very poor family and that she was around 1972 and was brought up at Village-Balagaon under Baghbor Police Station in the district of erstwhile Kamrup, now Barpeta, Assam. The petitioner’s father’s name is Hazrat Ali @ Hazrat Mandal and mother’s name is Sakina Khatun and that the grandfather of the petitioner was Late Darog Ali. She further stated that she had three brothers and four sisters including her, names of which she has mentioned in the petition. The petitioner got married with one Minhaz Ali, son of Abdus Samad under Srijangram Revenue Circle, Bongaigaon. She, thereafter stated that there was no question of her or her family members being foreigner, but the Police committed a mistake and by randomly, without collecting proper information, made the reference before the learned Tribunal, and that no enquiry was made regarding her nationality and further that, the Police never visited her parents’ house or her husband’s house at any point of time.

4. The petitioner, to show her nationality, placed the voters’ list of 1966, 1970, where her parents’ names were included in the said list with House No. 108, for 51 Jania LAC. She, thereafter, stated that her father shifted his residence from Village- Balagaon to Village-Madrassapara, in the district of Bongaigaon for better livelihood. She then stated that the names of father, mother and brothers appeared in the voters’ list of 2010 at Village- Madrassapara, for 34 North Abhayapuri LAC. To further establish her citizenship, she relied on the Elector Photo Identity Card, issued to her father.

5. The petitioner stated that her name appeared in the first time, along with her husband in the voters’ list of 1989 and also in subsequent voters’ list of 1997, 2010, and 2016, under 34 North Abhayapuri LAC. She had also relied on the Elector Photo Identity Card, issued by the Election Commission of India, as well as the Pan Card issued by the Income Tax Department, Government of India, to the petitioner. She had also stated that her father, Hazrat Ali executed a Gift Deed, on 26.09.2016, before the Sub-Registrar, Abhayapuri, in her favour.

6. As stated above, the Superintendent of Police (Border), Bongaigaon, made a reference to the Foreigners’ Tribunal No. 2, Abhayapuri, Assam, and the said Tribunal issued notice dated 23.06.2016 to the petitioner and the petitioner on receipt thereof, entered appearance and submitted her written statement. In the written statement submitted on 29.09.2016, the petitioner stated, inter alia, that the notice served upon the petitioner did not disclose any ground as to why the petitioner was suspected t