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.
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