Petitioner's Citizenship Claim Dismissed Due to Lack of Substantive Evidence Linking Him to Genuine Indian Parents
In a significant judgment, the Gauhati High Court has upheld the decision of the Foreigners' Tribunal No. 3, Kamrup (Metro), Guwahati, declaring Kurban Ali a foreigner. The Division Bench comprising Justices Kalyan Rai Surana and Anjan Moni Kalita dismissed the writ petition filed by Kurban Ali, who challenged the Tribunal's opinion dated December 6, 2018. The Tribunal had declared him a foreigner, citing his failure to establish citizenship by birth through genuine Indian parents.
The petitioner, Kurban Ali, contended that he was the son of Md. Kalachan Ali and provided various documents, including voter lists and Elector Photo Identity Cards, to support his claim. However, the Tribunal found discrepancies in the names and the lack of substantive evidence, leading to the dismissal of his petition.
The High Court emphasized the importance of documentary evidence over oral claims in proving citizenship. It noted that the petitioner failed to establish a credible link with his projected father and grandfather. The court also highlighted procedural adherence, stating that documents not exhibited before the Tribunal could not be considered by the High Court.
During the proceedings, Kurban Ali's counsel argued for remanding the matter to the Tribunal, citing additional documents linking him to his ancestors. However, the court, referencing previous judgments, maintained that oral evidence without documentary proof could not establish citizenship.
The court scrutinized the evidence presented, including affidavits and voter lists, and found inconsistencies in the names and the residential addresses. It also examined the NRC draft list, which contradicted the petitioner's claims about his family's lineage.
Ultimately, the court concluded that Kurban Ali failed to demonstrate his connection to the individuals listed in the voter lists of 1966 and 1993. The High Court determined that the Tribunal's opinion was not vitiated by any error or incorrect appreciation of evidence.
This judgment reinforces the legal principle that citizenship claims must be substantiated by credible documentary evidence. The consequences of the Tribunal's opinion will follow, and the writ petition stands dismissed.
Bottom Line:
Citizenship - The petitioner failed to establish his citizenship of India by birth through genuine Indian parents due to inconsistencies in the documentary and oral evidence presented.
Statutory provision(s): Article 226 of the Constitution of India, Foreigners' Tribunal, Evidence Act
Kurban Ali v. Union of India, (Gauhati)(DB) : Law Finder Doc id # 2845200
