Lawstreet Journal

Assam NRC citizen can't be declared foreigner just because linkage is not shown with all relatives: Gauhati High Court

Lawstreet Journal 15 Apr 2021 8:11pm

Image courtesy: Lawstreet Journal Judiciary Assam NRC citizen can't be declared foreigner just because linkage is not shown with all relatives: Gauhati High Court

The Foreigners Tribunal in Assam gave a shocking order when a man named Haidar Ali was declared as a foreigner although he had established the link with the means of his father and grandfathers entered in the voter lists of 1965 and 1970. 

The tribunal held that Haidar Ali had failed to show the linkage properly at Barpeta and also observed that he has failed to establish his linkage with other projected relatives in the voter list. 

This order of the tribunal was set aside by High Court by observing that it was not necessary for the person to show linkage with all relatives mentioned in the voters' list. 

The High Court also observed that the absence or non-explanation of the linkage of a person with other names as shown along with his grandparents' names in the voters' list of 1970 can not affect the credibility or genuineness to show his linkage with his grandparents.

The crucial requirement of the petitioner was to prove before the tribunal that he is his father’s son, Harmuz Ali and his father is the son of his father’s father Nadu Miya.

Both of these facts were proved and were not questioned by the state, which makes it self explanatory and not mentioning his other relatives, as well as that of his grand- father, cannot be a ground for disbelieving his testimony and documents relied upon by the petitioner.

Also, the court observed that non-disclosure of names of other relatives and non-production of relevant evidence, other than what matters cannot render… Continue Reading...

Tagged: Gauhati High Court  
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