Assam Man Declared Foreigner Despite Producing 15 Documents, Gauhati High Court Upholds Tribunal's Order
Assam Man Declared Foreigner Despite Producing 15 Documents, Gauhati High Court Upholds Tribunal's Order
In a significant ruling, the Gauhati High Court has upheld the decision of a Foreigners' Tribunal declaring 38-year-old Aminul Hoque from Assam a foreigner, despite his submission of 15 different documents to establish his Indian citizenship.
The documents presented by Hoque included a copy of the 1951 National Register of Citizens (NRC), a Permanent Account Number (PAN) card, an Elector's Photo Identity Card (EPIC), electoral roll entries, and several other official records. However, the court observed that the documents contained multiple inconsistencies regarding names, ages, family details, and other key particulars, making them unreliable for proving citizenship.
In its order issued on June 30, the Gauhati High Court ruled that merely producing numerous documents is not sufficient unless they consistently establish a person's identity and lineage. The court emphasized that the burden of proving citizenship lies with the individual concerned.
The bench also rejected the oral testimony of Hoque's father, who appeared before the tribunal and identified Aminul Hoque as his son. The court held that such testimony, without strong and consistent documentary evidence linking the individual to Indian citizenship, could not be treated as conclusive proof.
As a result, the High Court dismissed Hoque's petition and affirmed the Foreigners' Tribunal's earlier decision declaring him a foreigner.
The ruling highlights the importance of consistency and credibility in documentary evidence in citizenship-related cases in Assam, where Foreigners' Tribunals examine disputed citizenship claims under the state's legal framework.
