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The High Court of Gauhati dismissed the writ petition and held that the petitioner who is making the claim of citizenship has the burden of proof. In re Nur Begum V. UOI & Ors where Nur Begum, petitioner of the said matter claimed to be a citizen of India. The divisional bench comprising of Justice Manojith Bhuyan and Justice Parthivjyothi Saikia referred u/s 9 of the Foreigners Act, 1946. The court held that the petitioner could not prove the linkage of any ancestors who were residing in Assam before 24th March, 1971. The petitioner in support of her arguments submitted eight documents to establish her case. After observation the court held those documents as ‘inadmissible’ as in the authors of the said documents did not prove the contents of the documents.
And also, the court held that the said documents just proved mere names of the said petitioners blood-line which could not be held as a reliable evidence to prove petitioner’s validity. The court held that the names appearing in the Voters List of 1966 and 1997 to prove the petitioner’s grandparents and father name is insufficient for an admissible document. Furthermore, the court held that mere oral testimony of the petitioner’s mother is alone no proof of citizenship. Thus, the court discarded the testimony made as in the oral testimony was without any evidentiary support.
The bench observed that “As the primary issue in a proceeding under the Foreigners Act, 1946 and the Foreigners (Tribunals) Order, 1964 relates to determination as to whether the proceedee is a foreigner or not, the relevant facts being especially within the knowledge of the proceedee, therefore, the burden of proving citizenship absolutely rests upon the proceedee, notwithstanding anything contained in the Evidence Act, 1872. This is mandated under section 9 of the aforesaid Act, 1946. In the instant case and as observed above, the petitioner not only failed to discharge the burden but also utterly failed to make proof of the most crucial aspect, that is, in establishing linkage to her projected parents and/or the grandfather.”
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