In proceedings before a Foreigners' Tribunal, the burden of proving citizenship rests solely on the proceedee. Mere possession of identity documents like Voter ID cards is insufficient to establish citizenship; consistent documentary evidence and proper proof of lineage are essential to meet the legal requirements of the Foreigners Act.

(Shamima Jahan, J.)

Heard Mr. K. R. Patgiri, learned counsel appearing for the petitioner. Also heard Mr. A. K. Dutta, learned CGC, appearing on behalf of the Union of India, Mr. A. I. Ali, learned Standing Counsel for the Election Commission of India, Mr. P. Sarmah, learned Additional Senior Government Advocate, for the State respondents, and Ms. A. Verma, learned Standing Counsel, for the FT matters and NRC.

2. By filing this application under Article 226 of the Constitution of India, the petitioner has challenged the opinion dated 29.06.2019, passed by the learned Member, Foreigners’ Tribunal-II, Lakhimpur, North Lakhimpur, in Lakhimpur FT-II Case No. 739 of 2007 (DIST. No. 174 of 2007), by which the petitioner was declared as a foreigner of post 25.03.1971 stream.

FACTS:

3. The petitioner/proceedee in the instant petition has stated that her parents reside at Rupahigaon, Lakhimpur and that her parents had six number of children and she is among one of them. She further stated that her grandfather’s name is Adhir Chandra Sinha @ Adhir Sinha, son of Godur and her grandmother’s name was Malati Sinha, who she stated to have died in 2009. She stated that her grandparents’ name appeared in the voters’ list of 1966 at Serial No. 219 and 220 under Dhakuakhana 114 LAC. She further stated that her grandfather possessed a plot of land under Police Station-Dhakuakhana and that the same was mutated in his name. To substantiate the said contention, the petitioner had annexed the revenue receipts which showed that after the death of her grandfather, her father was paying the revenue for the said land. Thereafter, she stated that her grandfather appeared in the voters’ list of 1970 at Serial No. 193 and that in 2005, the petitioner along with her parents were enlisted for voting and further that the petitioner had voted vide voters’ list in 2009 and 2019. The petitioner has also relied in order to establish her citizenship on the transfer certificate issued in favour of her father by the Headmaster of Chakuli M.V.School, wherein it was reflected that the father of the petitioner was studying in Class-V and that he left the said school on 31.12.1971. The said certificate also reflected that the date of birth of her father was on 01.01.1958. The petitioner has also relied on a certificate issued by the Education Department wherein it was certified that the petitioner, daughter of Ahiram Sinha, was studying in Class-IV at Puronikathoni Prathamik Vidyalaya and that she passed her annual examination in 2001 and further that, her date of birth was recorded in the admission register as 25.02.1991. To further establish her identity, the petitioner relied on the Elector Photo Identity Card possessed by her grandfather, her father, Abhiram Singh, son of Adhir Singh as well as her, i.e., the petitioner, issued by the “Election Commission of India”. The petitioner has also relied on the certificate issued by the office of the Secretary, Deolia Gaon Panchayat, certifying that she is the daughter of Abhiram Sinha and Kanan Rani Sinha, resident of Village Rupahi, Deolia under Subhansiri Revenue Circle of Lakhimpur District and that she is aged 28 years on the date of issuing of the certificate, i.e., 24.06.2015 and that she is married on 04.09.2007 to one Sri Rajib Sinha, son of Pradip Sinha and Smt Prabharani Sinha, who are residents of the same village and Gaon Panchayat, i.e., Rupahi village and Gaon Panchayat and that the petitioner by virtue of marriage, shifted to Rupahi Gaon Panchayat. The petitioner had also annexed the birth certificate o