Gauhati High Court shield against arbitrary ‘foreigner’ tag There are 100 foreigners tribunals in Assam handling over 1.4 lakh doubtful citizenship cases
A ruling by Gauhati High Court that a person cannot be declared a foreigner just because he could not establish his linkage with all his relatives on the voter list has been hailed as a “landmark” judgment that will “substantially reduce the arbitrariness” of the foreigners tribunals.
The tribunals are quasi-judicial bodies that determine whether a resident is a “foreigner” or not.
Justice N. Kotiswar Singh had on March 30 passed the judgment on a writ petition by Haider Ali, son of Harmuz Ali, from Assam’s Barpeta district.
Gauhati HC declares Assam man termed foreigner Indian citizen
By IANS |
1 Views
Gauhati High Court. Image Source: IANS News
Guwahati, April 13 : The Gauhati High Court has set aside an order of a Foreigners Tribunal declaring a state resident a foreigner for not showing linkage with all his relatives mentioned in the voters list even after he had established his linkage with his father and grandfather.
A High Court official on Tuesday said that Haidar Ali, through various documents, had established his relation with his father, Harmuz Ali and grandfather, Nadu Miya, whose names were enrolled in the voters lists of 1965 and 1970.
Gauhati HC declares Muslim man termed foreigner Indian citizen
Ali, a resident of Kawaimari village, Sarthebari, had moved the HC challenging the tribunal order
Wednesday April 14, 2021 0:00 AM, IANS
Guwahati: The Gauhati High Court has set aside an order of a Foreigners Tribunal declaring a state resident a foreigner for not showing linkage with all his relatives mentioned in the voters list even after he had established his linkage with his father and grandfather.
A High Court official on Tuesday said that Haidar Ali, through various documents, had established his relation with his father, Harmuz Ali and grandfather, Nadu Miya, whose names were enrolled in the voters lists of 1965 and 1970.
All evidences produced by the man were corroborative in nature , Gauhati High Court said
Guwahati:
The Gauhati High Court has turned down an order that declared a man foreigner and observed that it was not necessary for the person to show linkage with all relatives mentioned in the voters list.
Haider Ali was declared a foreigner by the Foreigners Tribunal in Assam despite Mr Ali establishing links with the names of his father and grandfather on the voters lists of 1965 and 1970.
The Tribunal in Assam s Barpeta in its order had said that since Haider Ali had failed to establish his linkage with other projected relatives on the voters list, the Tribunal held that he had failed to show his linkages properly.
Can t Be Declared Foreigner Just for Failing to Establish Link With All Relatives : Gauhati HC
The court observed that a person who has proved connections with parents or grandparents whose names are on voters lists, cannot be declared a foreigner simply because she did not show links with all relatives.
Gauhati high court. Photo: PTI
Rights3 hours ago
New Delhi: The Gauhati high court has set aside a two-year-old order of the Foreigners Tribunal declaring a man as a foreigner for failing to establish connection with all relatives in the pre-1971 votersâ lists,
To enter the Assam National Register of Citizens (NRC), a person has to trace back her lineage to those who were residing in India before the cut-off date of March 24, 1971. About 19.06 lakh of some 3.3 crore applicants were excluded from the list for lack of documents establishing their citizenship, when the NRC was updated last in August 2019.