Gauhati HC Rejects Citizenship Claim Of Man Who Claimed To Have Entered India In 1965 [Read Judgment]
5 years, 9 months ago

Gauhati HC Rejects Citizenship Claim Of Man Who Claimed To Have Entered India In 1965 [Read Judgment]

Live Law  

The Gauhati High Court has affirmed the findings of a Foreigner's Tribunal in Assam against a man who claimed to have entered India in 1965.Last September, the Tribunal in Barpeta had declared one Anil Barman to be a foreigner on the ground that he could not prove his presence in Assam before 1971.In the petition filed in the High Court challenging the Tribunal's findings, Barman referred to. The Gauhati High Court has affirmed the findings of a Foreigner's Tribunal in Assam against a man who claimed to have entered India in 1965. Last September, the Tribunal in Barpeta had declared one Anil Barman to be a foreigner on the ground that he could not prove his presence in Assam before 1971. In the petition filed in the High Court challenging the Tribunal's findings, Barman referred to a Relief Eligibility Certificate issued by the Government of India, as per which one Anil Barman aged 14 years entered India on April 9 1965.

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History of this topic

Gauhati HC Denies Migrant's Plea For Extension Of Time To Register Under Citizenship Act, Cites SC Ruling Upholding Validity Of S.6A
2 months, 2 weeks ago

Gauhati HC Denies Migrant's Plea For Extension Of Time To Register Under Citizenship Act, Cites SC Ruling Upholding Validity Of S.6A

Live Law  

The Gauhati High Court on Thursday dismissed a writ petition filed by a woman praying for a direction to extend the time limit for registering with FRRO, on the ground that the Court is bound by the decision of the Supreme Court of India in the case of Re: Section 6A of the Citizenship Act, 1955, would not have power …

Gauhati High Court Allows Declared Foreigner's Request For Extension Of Time To Register With Foreigners’ Regional Registration Office
2 years ago

Gauhati High Court Allows Declared Foreigner's Request For Extension Of Time To Register With Foreigners’ Regional Registration Office

Live Law  

The Gauhati High Court on Friday allowed the request of a declared ‘foreigner’, who had entered the State of Assam between the period 1966 and 1971, to extend the period for registering himself with the Foreigners’ Regional Registration Office. The division bench of Justice Achintya Malla Bujor Barua and Justice Robin Phukan granted one month's time to Sakat Ali, observing, …

Gauhati High Court Quashes Order Declaring 52-Yr-Old Woman A Foreigner After Citizen-Father's Testimony Remains Uncontroverted
2 years ago

Gauhati High Court Quashes Order Declaring 52-Yr-Old Woman A Foreigner After Citizen-Father's Testimony Remains Uncontroverted

Live Law  

The Gauhati High Court recently quashed and set aside order of Foreigners Tribunal which declared a citizen of India as foreign citizen, on the ground that verification report of the authorities was incomplete and evidence of the father of the petitioner, who deposed that the petitioner is his daughter, remained uncontroverted. While setting aside the order of the Tribunal, the …

‘Non-application of mind’: Gauhati HC on Assam resident declared foreigner
2 years, 1 month ago

‘Non-application of mind’: Gauhati HC on Assam resident declared foreigner

Hindustan Times  

GUWAHATI: The Gauhati high court has set aside a foreigners’ tribunal’s ruling that declared an 85-year-old Gorkha resident of Assam as an illegal immigrant and ordered ₹10,000 compensation for Jagat Bahadur Chetri who was first classified as a ‘doubtful voter’ by an election official. Jagat Bahadur Chetri was classified as a D-Voter by an election officer Disposing of a petition …

Gauhati High Court Directs State To Decide On Plea Of Rohingya Refugees Seeking Either Refugee Status In India Or Deportation To Myanmar
3 years, 3 months ago

Gauhati High Court Directs State To Decide On Plea Of Rohingya Refugees Seeking Either Refugee Status In India Or Deportation To Myanmar

Live Law  

The Gauhati High Court has recently directed the Assam government to take a decision at the earliest regarding a plea moved by ten members of the Rohingya community seeking either refugee status in India or deportation to Myanmar. The Court observed that the petitioners have been 'languishing in jail' for the last 7 years since the concerned authorities have not …

Citizenship Is An Essential Right: Gauhati High Court Sets Aside Ex-Parte Order Declaring Man As Foreigner
3 years, 6 months ago

Citizenship Is An Essential Right: Gauhati High Court Sets Aside Ex-Parte Order Declaring Man As Foreigner

Live Law  

The Gauhati High Court has observed that citizenship, being an essential right of a person, ordinarily, should be decided based on merit by considering the material evidence that may be adduced by the person concerned and not by way of default.A Division Bench of Justices Manish Choudhary and N. Kotiswar Singh set aside an ex-parte order of the Foreigner's Tribunal, …

"Citizenship Being An Important Right Should Be Decided On Merits Rather Than By Default": Gauhati HC Sets Aside Ex Parte Order Declaring Woman As Foreigner
3 years, 7 months ago

"Citizenship Being An Important Right Should Be Decided On Merits Rather Than By Default": Gauhati HC Sets Aside Ex Parte Order Declaring Woman As Foreigner

Live Law  

Observing that citizenship is an important right and should be decided on merits rather than by default, the Gauhati High Court has set aside an ex parte order passed by a Foreigners Tribunal declaring a woman as foreigner after she was unable to appear before the Tribunal for the reason of not getting proper legal advice.A division bench comprising of …

Foreigners' Tribunal Can't Suo Moto Assume Jurisdiction To Give An Opinion Which Is Not Sought While Answering Reference: Gauhati High Court
3 years, 8 months ago

Foreigners' Tribunal Can't Suo Moto Assume Jurisdiction To Give An Opinion Which Is Not Sought While Answering Reference: Gauhati High Court

Live Law  

The Gauhati High Court has ruled that the Foreigners Tribunal cannot suo moto assume the jurisdiction to give an opinion which is not sought while answering reference made to it regarding entry of a person, suspected to be a foreigner, into Assam.A division bench comprising of Justice N Kotiswar Singh and Justice Soumitra Saikia was dealing with a petition challenging …

Status Of Internally Displaced Persons, Responsibility Of Centre, State Govt: Gauhati High Court Seeks Response On Larger Issues
3 years, 9 months ago

Status Of Internally Displaced Persons, Responsibility Of Centre, State Govt: Gauhati High Court Seeks Response On Larger Issues

Live Law  

The Gauhati High Court on Tuesday sought response of the Centre as well as the State Government on the larger issues concerning the status of internally displaced persons and the responsibility of the Central and the State Government towards such persons.The development came while the division bench comprising of Chief Justice Sudhanshu Dhulia and Justice Manash Ranjan Pathak was dealing …

Assam NRC- Citizen Can't Be Declared Foreigner Just Because Linkage Is Not Shown With All Relatives : Gauhati High Court
3 years, 11 months ago

Assam NRC- Citizen Can't Be Declared Foreigner Just Because Linkage Is Not Shown With All Relatives : Gauhati High Court

Live Law  

In an astonishing order, a Foreigners Tribunal in Assam had declared a man named Haidar Ali as a foreigner although he had established the link with the names of his father and grandfather entered in the voters lists of 1965 and 1970.The Tribunal at Barpeta observed that since Haider Ali had failed to establish his linkage with other projected relatives …

Gauhati HC cites SC verdict to explain difference between courts, tribunals; says rules of evidence not applicable in Foreigners' Tribunal for proving citizenship
5 years ago

Gauhati HC cites SC verdict to explain difference between courts, tribunals; says rules of evidence not applicable in Foreigners' Tribunal for proving citizenship

Firstpost  

The Gauhati High Court has observed that strict rules of evidence are not applicable in Foreigners’ Tribunal for proving citizenship. In the high court, the division bench comprising Justice Manojit Bhuyan and Justice Parthivjyoti Saikia held that the observation of the Tribunal pertaining voters’ lists was ‘perverse’. The high court referred to the differences between tribunals and courts explained by …

Citizenship - Proof Beyond All Reasonable Doubt Not Needed In Foreigners Tribunal : Gauhati HC [Read Judgment]
5 years ago

Citizenship - Proof Beyond All Reasonable Doubt Not Needed In Foreigners Tribunal : Gauhati HC [Read Judgment]

Live Law  

The Gauhati High Court has observed that proof beyond all reasonable doubt is not needed in Foreigners Tribunal for establishing citizenship.The Court held so while allowing a writ petition filed by 65-year old Idrish Ali to set aside an order passed by Foreigners Tribunal Jorhat which declared him to be a foreigner. The Gauhati High Court has observed that proof …

Gauhati HC Sets Aside Foreigners Tribunal Order Declaring Son Of Indian Citizens As Foreigner [Read Judgment]
5 years, 1 month ago

Gauhati HC Sets Aside Foreigners Tribunal Order Declaring Son Of Indian Citizens As Foreigner [Read Judgment]

Live Law  

The Guahati High Court has come down on a Foreigners Tribunal for declaring a person as foreigner, despite his parents being declared as Indian Citizens by other orders.On January 25, 2019, Foreigners Tribunal at Dhemaji in Assam declared 26-year old Pratap Sakharu as foreigner of post-1971 stream as per the Assam Accord.He had produced six documents before the Tribunal, including …

Voter ID, PAN card, land documents not proof of citizenship, rules Gauhati High Court in two separate judgments
5 years, 1 month ago

Voter ID, PAN card, land documents not proof of citizenship, rules Gauhati High Court in two separate judgments

Firstpost  

PAN card, Voters Id, land and bank documents do not constitute proof of citizenship, the Gauhati High Court reiterated while dismissing the citizenship claims of two petitioners. Begum submitted 14 documents, including her PAN card, ration card, two bank passbooks, the NRC details of her father Jabed Ali, voter lists where the names of her grandparents, parents and her along …

Gauhati HC Sets Aside Foreigners' Tribunal's Ex-Parte Order Declaring A BSF Official & Wife 'Foreigners' [Read Order]
5 years, 6 months ago

Gauhati HC Sets Aside Foreigners' Tribunal's Ex-Parte Order Declaring A BSF Official & Wife 'Foreigners' [Read Order]

Live Law  

The Gauhati High Court has set aside Foreigners Tribunal's Ex-Parte Order which declared a Border Security Force Official and his wife foreigners.Muzibur Rahman, an Assistant Sub Inspector with the BSF who is posted in Punjab at present, and his wife, were declared 'foreigners' by the Tribunal. The Gauhati High Court has set aside Foreigners Tribunal's Ex-Parte Order which declared a …

Gauhati HC Orders Release Of Ex-Army Man Who Was Detained After Being Declared 'Foreigner'
5 years, 9 months ago

Gauhati HC Orders Release Of Ex-Army Man Who Was Detained After Being Declared 'Foreigner'

Live Law  

The Gauhati High Court today directed the interim release of ex-army man Mohammad Sanaullah, who was arrested and sent to detention centre on May 28, after a Foreigners Tribunal in Assam adjudged him a 'foreigner'.Mohammad Sanaullah, a 52 year old man who retired from the Army in 2017 as Honorary Lieutenant, had approached the Court against the order of Foreigners …

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