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Gauhati High Court Rejects Woman’s Citizenship Challenge
Mustt Hasena Bhanu told the court that she was an Indian citizen by birth.
She said old voter lists and other papers showed that she was the daughter of Hasen Ali.
The Foreigners’ Tribunal said the papers did not prove that family connection and declared her a foreigner who entered India after March 25, 1971.
Bhanu asked the Gauhati High Court to overturn that decision.
The High Court said people must provide reliable evidence to prove they are not foreigners.
It also said that a witness’s statement alone was not enough to prove citizenship in this case.
The judges rejected Bhanu’s challenge and cancelled her interim bail.
They said sympathy should not replace the evidence required by law.
The Gauhati High Court dismissed Mustt Hasena Bhanu’s challenge to a Foreigners’ Tribunal opinion declaring her a foreigner.
The tribunal’s May 19, 2017 opinion found that Bhanu entered India illegally from Bangladesh after March 25, 1971.
Bhanu relied on older electoral rolls, later rolls, a village panchayat link certificate and other documents to support her claim.
The court said she had not established her claimed family link with cogent, reliable and admissible evidence.
The court said the burden was on Bhanu to prove she was not a foreigner, revoked her interim bail and declined to interfere with the tribunal’s opinion.
- Who
- Mustt Hasena Bhanu, the Gauhati High Court and a Foreigners’ Tribunal.
- What
- The High Court dismissed Bhanu’s challenge to the tribunal’s opinion declaring her a foreigner of the post-March 25, 1971 stream.
- Where
- Gauhati High Court, Assam, India.
- When
- The High Court made its observation on October 5; the tribunal’s opinion was dated May 19, 2017.
- Why
- The court found that Bhanu had not proved her claimed family link and citizenship with sufficient documentary evidence.
Bhanu’s arguments
Authorities’ and court’s position
Family relationship evidence
Bhanu’s arguments
Bhanu said electoral rolls and testimony from Md Imam Hussain supported her claim that she was Hasen Ali’s daughter.
Authorities’ and court’s position
The authorities and court said the documents did not sufficiently establish the claimed lineage, and the panchayat certificate’s issuing authority had not been examined.
Effect of no cross-examination
Bhanu’s arguments
Bhanu argued that her evidence had not been effectively challenged because neither she nor her witness was cross-examined.
Authorities’ and court’s position
The court held that lack of cross-examination does not automatically prove a disputed fact or require the testimony to be accepted.
Burden of proving citizenship
Bhanu’s arguments
Bhanu maintained that she was Indian by birth and asked the High Court to overturn the tribunal’s decision.
Authorities’ and court’s position
The authorities and court said the person asserting they are not a foreigner must establish that claim with sufficient evidence under the Foreigners Act.
Key facts
- Petitioner
- Mustt Hasena Bhanu
- Court
- Gauhati High Court
- Judges
- Justices Kalyan Rai Surana and Susmita Phukan Khaund
- Tribunal opinion
- May 19, 2017
- Foreigners’ finding
- The tribunal classified Bhanu as a foreigner of the post-March 25, 1971 stream.
- Evidence cited
- Electoral rolls, a village panchayat link certificate and other documents
- Outcome
- The High Court dismissed the petition, declined to interfere and revoked interim bail granted on August 25, 2017.
Quotes
Gauhati High Court
The High Court bench hearing Bhanu’s citizenship petition.
“When the Courts and Tribunals are dealing with the issue of illegal migrants and foreigners, sympathy cannot be misapplied. The interest of the Country should be of paramount consideration.”
indianexpress.com
Sources
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