The Gauhati High Court has upheld a Foreigners Tribunal order that declared an Assam resident a foreigner, even though the man submitted 15 documents to support his claim of Indian citizenship. A Division Bench dismissed his writ petition on June 30, noting that the evidence was either inadmissible or insufficient to prove his status.
The petitioner, a daily-wage labourer living in rented accommodation near Guwahati, presented oral testimony and documents including copies of the 1951 National Register of Citizens listing his father and grandparents, voter lists from 1966 onward, a 2017 school certificate, a PAN card, and an Elector’s Photo Identity Card. His father also testified about family lineage.
The court ruled that none of the records established a valid link to his claimed ancestry. It held that the petitioner had not met the burden under Section 9 of the Foreigners Act, 1946, to show he is not a foreigner.
Key documents were rejected. The 1951 NRC extracts were deemed computer-generated and lacking the required certificate under evidence law. Census records were also ruled inadmissible under the Census Act. The school certificate was discarded because the issuing headmaster was not produced as a witness, and the admission register was not submitted. A 1973 land deed failed to show clear inheritance, and PAN and EPIC cards were considered not proof of citizenship.
The court also noted inconsistencies in the voter lists provided. India Today is withholding the petitioner’s name as he has not exhausted all legal options.
