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Criminal · Reportable judgment

Sirajul Hoque vs The State of Assam & Ors.

Court
Supreme Court of India
Date
14 February 2019
Case No.
Criminal Appeal No. 267 of 2019
Result
Allowed
Bench
R.F. Nariman, Vineet Saran
Citation
[2019] 3 S.C.R. 1047 : 2019 INSC 199
Supreme Court Reports [2019] 3 S.C.R. 1047 : 2019 INSC 199
Headnote

Foreigners’ Act, 1946:

s.9 – Burden of proof – Citizenship status of proceedee – Appellant declared foreigner by the Foreigner’s Tribunal holding that there was discrepancy in the name of the grandfather – Upheld by the High Court – On appeal held: Appellant’s great grandfather’s name and father’s name appear the same throughout the document – However, only discrepancy is found in grand father’s name – In some of the documents Kefatullah later became Kematullah and in NRC Registration details of the year 1971, grandfather noted to be Kefatullah – Appellant also produced Permanent Account Number, including photo identity cards issued by the Election Commission of India, identity cards issued to his brother including voters lists in which his name appears – In view thereof, it cannot be said that Kematullah is not the same despite being named Kefatullah in some of the documents – Grandfather and fathers’ identity etc. established successfully by the appellant – Further, the mere fact that the father may later have gone to another village is no reason to doubt this document – Thus, the judgment of the High Court as well as Foreigner’s Tribunal set aside.

As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

The Judgment of the Court was delivered by R. F. NARIMAN, J. 1. Leave granted. 2. The present appeal raises an issue as to whether the appellant herein has been declared to be a foreigner incorrectly. By the Foreigner’s Tribunal judgment dated 19.01.2017, after referring to some of the documents produced by the appellant, and after finding that there was a discrepancy in the name of the grandfather and the fact that the grandfather and the father later lived in different villages, the Tribunal declared the appellant to be a foreigner. The High Court dismissed the writ petition filed against
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