"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 Justice N Kotiswar Singh and. 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 Justice N Kotiswar Singh and Justice Soumitra Saikia observed thus: "We are of the view that citizenship being a very important right of a person should ordinarily be decided on merit rather than by way of default as has happened in the present case and as such, under the circumstances as discussed above, we allow the petitioner to appear before the learned Tribunal again to prove her case that she is a citizen of this country and not a foreigner." However, she claimed that due to improper legal advice and failure of her counsel to remain present before the Tribunal, an ex parte order was passed declaring her as foreigner by the Foreigners Tribunal vide order dated 19th September 2017.

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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 …

Supreme Court To Hear Challenge To Ex-Parte Foreigner Tribunal Orders Declaring Persons As Non-Citizens
4 months ago

Supreme Court To Hear Challenge To Ex-Parte Foreigner Tribunal Orders Declaring Persons As Non-Citizens

Live Law  

The Supreme Court yesterday agreed to hear the Special Leave Petition filed by two persons, who claim that they are Indian nationals but were declared as foreign nationals by the Foreigners Tribunal ex-parte despite having documents in their favour.A bench of Justices Sudhanshu Dhulia and Ahsanuddhin Amanullah was hearing SLPs filed by one Abdul Subhan and Ajbahar Ali, who have …

Foreigners Act | Authorities Cannot Randomly Ask People To Prove Indian Citizenship On Mere Suspicion Without Sharing Any Materials: Supreme Court
8 months, 1 week ago

Foreigners Act | Authorities Cannot Randomly Ask People To Prove Indian Citizenship On Mere Suspicion Without Sharing Any Materials: Supreme Court

Live Law  

The Supreme Court on Thursday held that the authorities cannot randomly accuse people of being foreigners and initiate investigation into a person's nationality without the existence of material basis or information for suspicion.Setting aside the declaration given by a Foreigners Tribunal in Assam in 2012 that the appellant was a foreigner,. The Supreme Court on Thursday held that the authorities …

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 …

Supreme Court Sets Aside Ex-Parte Order Of Foreigners Tribunal Which Declared A Woman Non-Indian
2 years, 1 month ago

Supreme Court Sets Aside Ex-Parte Order Of Foreigners Tribunal Which Declared A Woman Non-Indian

Live Law  

The Supreme Court recently directed Foreigners’ Tribunal, Kamrup, Assam to consider afresh plea of a woman against whom an order alleging that she had entered Assam from East Pakistan after 25 March 1971, was passed by the tribunal ex parte. The petition was heard by a bench comprising CJI DY Chandrachud and Justice Dipankar Datta The matter was concerning an …

Gauhati HC asks East Pakistan immigrant to apply for citizenship under CAA
3 years, 2 months ago

Gauhati HC asks East Pakistan immigrant to apply for citizenship under CAA

India TV News  

Gauhati High Court has set aside the order of a Foreigner's Tribunal in Assam which had declared a person who had migrated from erstwhile East Pakistan as a foreigner and asked him to apply for citizenship under the Citizenship Act. The High Court in its order said that Paul was about two years old when he entered India with his …

'Not Properly Served Notice':Gauhati High Court Sets Aisde Ex-Parte Foreigners' Tribunal's Order Declaring Man As Foreigner
3 years, 3 months ago

'Not Properly Served Notice':Gauhati High Court Sets Aisde Ex-Parte Foreigners' Tribunal's Order Declaring Man As Foreigner

Live Law  

The Gauhati High Court has recently set aside an ex-parte order by a foreigners' tribunal declaring a Silchar resident as a foreigner after noting that the tribunal had failed to properly serve notice thus rendering the proceedings illegal. A Bench comprising Justices Kotiswar Singh and Malashri Nandi observed, "We have found that the petitioner was not properly served notice before. …

Foreigners' Tribunal Declares 5 Members Of A Family 'Foreigners' As They Failed To Appear Before It: Gauhati HC Sets Aside Order
3 years, 3 months ago

Foreigners' Tribunal Declares 5 Members Of A Family 'Foreigners' As They Failed To Appear Before It: Gauhati HC Sets Aside Order

Live Law  

The Gauhati High Court on Wednesday set aside an order/opinion of the Foreigners Tribunal declaring a man and his family members as 'Foreigner' as the head of the family failed to appear before the Tribunal after being served notice and also did not file a written statement after seeking time.The Bench of Justice Malasri Nandi and Justice N. Kotiswar Singh …

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, …

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 …

'Questions About Citizenship Should Be Adjudicated On Merits Hearing Person Concerned': Gauhati HC Sets Aside Ex-Parte Order Which Declared A Woman Foreigner
3 years, 11 months ago

'Questions About Citizenship Should Be Adjudicated On Merits Hearing Person Concerned': Gauhati HC Sets Aside Ex-Parte Order Which Declared A Woman Foreigner

Live Law  

Observing that citizenship is one of the most important rights of a person, the Gauhati High Court recently said that any question arising about the citizenship of a person must be adjudicated on the basis of merits on hearing the person concerned. A division bench comprising of Justice N Kotiswar Singh and Justice Soumitra Saikia observed thus: "It is to …

Supreme Court Allows Woman Declared As Foreigner To Seek Review In Gauhati High Court
4 years, 1 month ago

Supreme Court Allows Woman Declared As Foreigner To Seek Review In Gauhati High Court

Live Law  

The Supreme Court on Monday granted liberty to a woman, who was declared as a foreigner by a Foreigners Tribunal in Assam, to file a review petition in the Gauhati High Court against the judgment which upheld the Tribunal order.A bench headed by the Chief Justice of India also permitted the petitioner to approach the Supreme Court again, challenging the …

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 Ex Parte Order Of Foreigners Tribunal Declaring A Person As Foreigner [Read Order]
5 years ago

Gauhati HC Sets Aside Ex Parte Order Of Foreigners Tribunal Declaring A Person As Foreigner [Read Order]

Live Law  

Noticing that a Foreigner Tribunal had declared a person as 'foreigner' without serving noticing on him, the Guahati High Court intervened to set aside that order.This happened in the case Sahinur Islam vs Union of India, which was a writ petition filed against the ex parte order passed by Foreigners Tribunal, Jorhat on April 6, 2010.The petitioner, Sahinur Islam, submitted …

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 …

Burden Of Proving Citizenship Is On The Person Making The Claim: Gauhati HC [Read Judgment]
5 years, 1 month ago

Burden Of Proving Citizenship Is On The Person Making The Claim: Gauhati HC [Read Judgment]

Live Law  

The Gauahti High Court has dismissed a writ petition challenging the order of a Foreigners Tribunal declaring a person to be foreigner by observing that the burden of proving citizenship was on the person making the claim. Further, with regards the copies of voter lists that contained names of the Petitioner's family members, the high court held that reflection of …

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 …

Citizenship- Absence Of Petitioner After Filing Written Statement Not A Ground To Pass Order Against Him Without Considering The Materials On Record: Gauhati HC
5 years, 2 months ago

Citizenship- Absence Of Petitioner After Filing Written Statement Not A Ground To Pass Order Against Him Without Considering The Materials On Record: Gauhati HC

Live Law  

A Bench comprising of Justices Suman Shyam and Parthivjyoti Saikia of the Guwahati High Court delivered a judgement stating that the mere fact that the proceedee has remained absent after filing written statement and documents cannot be a justification for the Tribunal to give an opinion against the proceedee without considering the materials brought on record. However, even if a …

Detention Even Before Order Of Tribunal Declaring Her As Foreigner: Gauhati HC Orders Release Of Woman [Read Order]
5 years, 2 months ago

Detention Even Before Order Of Tribunal Declaring Her As Foreigner: Gauhati HC Orders Release Of Woman [Read Order]

Live Law  

A Bench comprising of Justices Suman Shyam and Parthivjyoti Saikia of the Guwahati High Court on 17.12.2019 directing the Superintendent of Police, Sivasagar to release a woman from the Detention Centre at Jorhat on the account that she was taken into custody even before being declared as a foreigner.Order dated 08.03.2019 had been passed by the Foreigners' Tribunal whereby. A …

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 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 …

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 …

SC Issues Notice On Plea Against Regularising Entry Of Non-Muslim Migrants From Pakistan, Bangladesh & Afghanistan
6 years ago

SC Issues Notice On Plea Against Regularising Entry Of Non-Muslim Migrants From Pakistan, Bangladesh & Afghanistan

Live Law  

The bench headed by Chief Justice of India Ranjan Gogoi today issued notice in a PIL which challenges the rules and notifications issued by Central Government to regularise the entry of non-Muslim migrants from Pakistan, Bangladesh and Afghanistan to India and their stay here. The petition filed by the Nagarikatwa Aain Songsudhan Birodhi Mancha through Advocate Manish Gosawmi, challenges the …

Is It True That Her Parents, Husband, Brothers Are Citizens Of India: SC Asks State In Plea Filed By ‘Illegal Migrant’ Woman Set To Be Deported [Read Order]
6 years, 7 months ago

Is It True That Her Parents, Husband, Brothers Are Citizens Of India: SC Asks State In Plea Filed By ‘Illegal Migrant’ Woman Set To Be Deported [Read Order]

Live Law  

While considering plea of a woman who is to be deported having being found that she is an ‘illegal migrant’, the Supreme Court has posed three questions to the Assam state government: Is it true that five brothers of the petitioner are citizens of India? Sofiya Khatun had approached the apex court after her challenge against the Barpeta Foreigners’ Tribunal …

Is It True That Her Parents, Husband, Brothers Are Citizens Of India: SC Asks State In Plea Filed By ‘Illegal Migrant’ Woman Set To Be Deported [Read Order]
6 years, 7 months ago

Is It True That Her Parents, Husband, Brothers Are Citizens Of India: SC Asks State In Plea Filed By ‘Illegal Migrant’ Woman Set To Be Deported [Read Order]

Live Law  

While considering plea of a woman who is to be deported having being found that she is an ‘illegal migrant’, the Supreme Court has posed three questions to the Assam state government: Is it true that five brothers of the petitioner are citizens of India? Sofiya Khatun had approached the apex court after her challenge against the Barpeta Foreigners’ Tribunal …

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