Photo Courtesy: India Today Group
Guwahati: The Gauhati High Court ruled that an Assam resident is a foreigner. He failed to prove his citizenship. Despite submitting 15 different documents, the legal burden remained unmet. Justices Kalyan Rai Surana and Shamima Jahan dismissed the petition filed by the daily wage laborer. He lives in rented housing near Guwahati and was born in 1988.
The petitioner tried to link his identity to his ancestors through voter lists, land deeds, and school records. He also produced a PAN card and an EPIC. His father provided oral testimony to support the claim. The court remained unconvinced. The judges found no admissible connection between the man and the people named in his legacy documents.
The court tossed out the 1951 National Register of Citizens extract because it lacked mandatory certification. Judges also rejected his 2017 school certificate. The headmaster did not testify, and the school register never appeared in court. Inconsistencies plagued his voter lists. The court noted that "oral testimony alone cannot establish citizenship without corroborating documentary evidence."
The ruling confirms that the burden of proof rests on the individual under Section 9 of the Foreigners Act, 1946. Quantity does not equal quality. The court dismissed the writ petition, finalizing the Foreigners Tribunal decision.
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