In charge of the petitioner, present proof of admissible legacy: Superior Court
GUWAHATI: In response to a petition that challenges the order of a court declaring that a woman is a foreigner despite having filed eight, the Gauhati higher court has ruled that an individual's bond with their projected parents must be supported by admissible evidence to that your citizenship be established. A bank of judges Manojit Bhuyan and Pathivjyoti Saikia also ruled that oral testimony without any documentary is not admissible in this case.
Nur Begum was declared a foreigner after the court refused to accept any of the eight documents she had presented as proof that she was a resident of Assam before March 24, 1971, the citizenship limit cited in the Assam Agreement of 1985 The documents include a school that mentions that Nur is the daughter of Golaghat and a certificate issued by the gaonburah government (village chief) of Duliagaon, which certifies that she is Hussain's third daughter.
Nur also presented a caste certificate saying that he belongs to the Jolha Muslim native community along with a copy of the 1997 voter list that contains the name of his projected grandmother, Jamila Nisha. A copy of the 1966 voter list was intended to show that Janurathdin, his projected grandfather, was an Indian citizen. Another copy of the 1966 electoral lists was sent to establish Janurathdin's link with a Jamunadin. A copy of a jamabandi (land document) was sent to the villages surveyed, including Duliagaon, as evidence that Nur's projected father was a resident. A voter identity card issued to a Jahorun Hussain, his projected mother, was part of the documentation.
In addition to the documents produced and displayed as above, no other document, as admissible evidence, was registered to demonstrate and establish any relationship/relationship with the projected father Raju Hussain, grandfather Janurathdin and grandmother Jamila Nisha, said the court said .
The reflection of a name in a document is totally insufficient and without relevance if the petitioner cannot connect to said entity through convincing, reliable and admissible documents/evidence.
According to the court, the petitioner could not present a single list of voters on her behalf that shows her relationship with the projected parents.