Individual Must Be Given Opportunities To Dishcharge The Plburden Under Section 9 Of The Foreigners Act,1946 In Order To Prove Onself As Indian Citizen – Gauhati High Court

FACTS OF THE CASE

In the present case, petitioner relied on the voters’ list of 1996 of village Numberpara in the present day Bongaigaon district.

A claim is made that the list has the name of petitioner’s father.

Petitioner presented a certificate from the Gaon Panchayat Samiti dated 18.01.23 with a prayer to accept it as new discovery before the Foreigners’ tribunal.

The tribunal rejected the prayer of the petitioners which lead the case to the High Court.

OBSERVATIONS OF THE COURT 

The court dismissed the writ petition and directed the tribunal to proceed with the matter and pass a reasoned order.

Court referred to the case of Rupa Das Vs. Union of India & Ors to allow the petitioner to rely on school certificate of any.

Court said that in the interest of justice and to provide the petitioner opportunity to discharge her burden under Section 9 of the Foreigners’ Act, the petitioner can present any person who has the knowledge about the voters’ list.