Maya Das declared foreigner post-1971; Court emphasizes burden of proof and separate proceedings for family members.
In a significant judgment delivered on April 30, 2026, the Gauhati High Court upheld the decision of the Foreigners Tribunal No. 4, Silchar, which declared Maya Das as a foreigner post-March 25, 1971. The court, while dismissing Maya Das's writ petition challenging the tribunal's decision, emphasized the legal principle that the burden of proving citizenship lies on the individual declared a foreigner, as mandated by the Foreigners Act, 1946.
The case originated when the Superintendent of Police (Border), Cachar District, referred Maya Das to the tribunal, leading to FT Case No. 105/2015. Despite presenting various documents, including voter lists and certificates, Maya Das failed to establish her citizenship convincingly, according to the tribunal. The High Court concurred with this conclusion, reiterating that oral evidence must be supported by documentary proof and contemporaneous records.
Significantly, the High Court set aside the tribunal's declaration that Maya Das's children—Diju Das, Pintu Das, Mukta Das, Sukta Das, and Bijoya Das—are also foreigners. The court clarified that each individual must be subjected to independent proceedings, and a declaration against one family member cannot automatically extend to others without specific references.
The judgment underscored the limited scope of certiorari jurisdiction, stating that the High Court does not act as an appellate court but rather examines the decision-making process for errors apparent on the face of the record.
The court's decision has implications for similar cases, emphasizing the need for robust documentary evidence to establish citizenship and the necessity of separate proceedings for family members in foreigners' cases.
Bottom line:-
Foreigners Act, 1946 - Burden of proof lies on the proceedee to prove that they are not a foreigner. Oral evidence must be corroborated with documentary proof and contemporaneous records. Declaration of family members as foreigners requires separate references and cannot be assumed solely based on the declaration of one member.
Statutory provision(s): Foreigners Act, 1946, Section 9; Foreigners Tribunals Order, 1964; Article 226 of the Constitution of India.
Maya Das v. Union of India, (Gauhati)(DB) : Law Finder Doc id # 2891193
