Sufia Khatun vs The Union Of India And 5 Ors on 20 May, 2026

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    Gauhati High Court

    Sufia Khatun vs The Union Of India And 5 Ors on 20 May, 2026

    Author: S.K. Medhi

    Bench: Sanjay Kumar Medhi

                                                                       Page No.# 1/17
    
    GAHC010060412019
    
    
    
    
                                                                  2026:GAU-AS:6922
    
                           THE GAUHATI HIGH COURT
      (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
    
                            Case No. : WP(C)/1978/2019
             SUFIA KHATUN
             W/O- ANOWAR HUSSAIN, VILL- MONAKOCHA, P.S. KALGACHIA, DIST-
             BARPETA, ASSAM, PIN- 781319
    
             VERSUS
    
             THE UNION OF INDIA AND 5 ORS.
             REP. BY THE SECY. TO THE GOVT. OF INDIA, MINISTRY OF HOME
             AFFAIRS, NEW DELHI-110001
    
             2:THE STATE OF ASSAM
              REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM
              HOME DEPTT.
              DISPUR
              GHY-6
    
             3:THE DY. COMMISSIONER
              BARPETA
              DIST- BARPETA
              PIN- 781301
    
             4:THE ELECTION COMMISSION OF INDIA
              NEW DELHI- 110001
    
             5:THE STATE CO-ORDINATOR
              NATIONAL REGISTER OF CITIZENS
             ASSAM, GHY-5
    
             6:THE SUPERINTENDENT OF POLICE (B)
              BARPETA, DIST- BARPETA
              PIN- 78130
                                                                               Page No.# 2/17
    
    
    
    
                                             BEFORE
                           Hon'ble MR. JUSTICE SANJAY KUMAR MEDHI
    
                                Hon'ble MR. JUSTICE pranjal das
    
    
    
    Advocate for the petitioner :   Shri A. M. Ahmed, Advocate.
    
    Advocates for the respondents : Shri J. Payeng, SC- Home Deptt.

    Shri G. Sarma, SC, NRC,
    Shri P. Sarma, GA, Assam;

    Shri N. Kalita
    (on behalf of Shri A. I. Ali, SC, ECI).

    SPONSORED

    Shri S. S. Roy, CGC.

    Date on which judgment is reserved    : 12.05.2026
    Date of pronouncement of judgment     : 20.05.2026
    
    

    Whether the pronouncement is of the operative part of the
    judgment? : NA
    Whether the full judgment has been pronounced? : Yes

    Judgment & Order
    (S.K. Medhi, J.)

    The extra-ordinary jurisdiction of this Court has been sought to be invoked
    by filing this application under Article 226 of the Constitution of India by putting
    to challenge the opinion rendered vide impugned order dated 19.01.2019

    passed by the learned Foreigners Tribunal no. 5 th, Barpeta, Assam in F.T. (5th)
    Case No. 468/2016 arising out of Ref. IM(D)T Case No. 6635(A)/98. By the
    Page No.# 3/17

    impugned judgment, the petitioner, who was the proceedee before the learned
    Tribunal, has been declared to be a foreigner post 25.03.1971.

    2. The facts of the case may be put in a nutshell as follows:

    (i) A reference was made by the Superintendent of Police (B), Barpeta

    District, against the petitioner giving rise to the aforesaid F.T. (5 th)
    Case No. 468/2016.

    (ii) As per requirement u/s 9 of the Foreigner’s Act, 1946 to prove that
    the proceedee is not a foreigner, the petitioner had filed the written
    statement on 03.04.2017 along with certain documents and adduced
    evidence.

    (iii) The learned Tribunal, after considering the facts and circumstances
    and taking into account of the provisions of Section 9 of the
    Foreigners’ Act, 1946 had come to a finding that the petitioner, as
    opposite party, had failed to discharge the burden cast upon her and
    accordingly, the opinion was rendered declaring the petitioner to be
    a foreign national post 25.03.1971.

    3. We have heard Shri A. M. Ahmed, learned counsel for the petitioner. We
    have also heard Shri J. Payeng, learned Standing Counsel, Home Department;
    Shri G. Sarma, learned Standing Counsel, NRC; Shri P. Sarma, learned GA,
    Assam, Shri N. Kalita, learned counsel appearing on behalf of Shri A. I. Ali,
    learned Standing Counsel, Election Commission of India and Shri S. S. Roy,
    learned CGC. We have also carefully examined the records which were
    requisitioned vide order dated 29.03.2019.

    4. Shri Ahmed, the learned counsel for the petitioner has submitted that the
    petitioner could prove her case with cogent evidence and in view of the fact that
    Page No.# 4/17

    there was no rebuttal evidence, the learned Tribunal should have accepted the
    said proof and accordingly hold the petitioner to be a citizen of India. In this
    regard, he has referred to the evidence of the 3 nos. of DWs and also the
    following documentary evidence.

    (i) Ext-A – Photocopy of certified voter list 1966.

    (ii) Ext-B – Photocopy of certified voter list 1970.

    (iii) Ext-C – Photocopy of certified voter list 1997.

    (iv) Ext-D – certificate of Gaonburah of vill-Balikuri Nonke.

    (v) Ext-E – linkage certificate of Gaon Panchayat.

    (vi) Ext-F – name correction affidavit.

    (vii) Ext-G – Xerox copy of voter ID in the name of Anowar Husen.

    (viii) Annexure-I – photocopy of Voter list 2010

    (ix) Annexure-II – photocopy of Voter List 1989

    (x) Annexure-III – photocopy of Voter list 1997.

    5. The learned counsel for the petitioner at the outset has questioned the
    proceeding on the ground that the enquiry report is incomplete. He has also
    submitted that while the notice had mentioned the stream as 1966-1971, the
    learned Tribunal had acted illegally in declaring the petitioner a foreigner post
    1971. On merits, he has submitted that in the written statement, all material
    disclosures were made. He has referred to the Voters Lists of 1966 and 1970
    containing the names of his grandmother and parents. The next Voters List is
    however of the year 1997 containing the names of the projected parents and
    two others. He has contended that the petitioner got married before 1989. He
    has also referred to certain Voters Lists of the years 1989, 2010 and 2017 which
    however were not proved in the Tribunal in accordance with law.

    6. The petitioner has also relied upon a certificate dated 10.01.2017 issued by
    Page No.# 5/17

    the Gaonburah and the same was proved by the Gaonburah as DW 3. The
    petitioner has also relied upon the evidence of DW 2 her projected brother –
    Anowar Husen and has submitted that the same would support her claim
    towards citizenship.

    7. In support of his submissions, the learned counsel for the petitioner had
    relied upon the judgment of the Hon’ble Full Bench in the case of State of
    Assam Vs Moslem Mondal reported in 2013 (1) GLT 809 and has
    contended that the enquiry preceding the Reference was not in accordance with
    law. Reliance has also been placed in the case of Amina Khatun Vs State of
    Assam
    reported in 2022 (4) GLT 102 in the said aspect.
    The learned counsel
    has also relied upon the case of Karim Ali Vs State of Assam reported in
    2022 (3) GLT 816 on the aspect of evidence by near relatives.
    Assailing the
    role of the learned Tribunal in putting questions, the learned counsel has relied
    upon the case of Sahjahan Ali Vs State of Assam reported in 2025 (1) GLT

    975. He has submitted that the learned Tribunal had exceeded jurisdiction by
    cross examining the witness. On lack of rebuttal evidence, the learned counsel
    has relied upon the case of Abdul Khalique vs State of Assam reported in
    2013 (1) GLT 941.

    8. The learned counsel accordingly submits that in view of the availability of
    the aforesaid materials, the impugned opinion could not have been rendered
    against the petitioner and therefore, the same requires interference.

    9. Per contra, Shri Payeng, the learned Standing Counsel, Home Department
    has categorically refuted the stand taken on behalf of the petitioner. He submits
    that a proceeding under the Foreigners Act, 1946 and the Foreigners
    Page No.# 6/17

    (Tribunals) Order, 1964 relates to determination as to whether the
    proceedee is a foreigner or not. Therefore, the relevant facts are especially
    within the knowledge of the proceedee and accordingly, the burden of proving
    citizenship rests absolutely upon the proceedee, notwithstanding anything
    contained in the Evidence Act, 1872 and this is mandated under Section 9 of the
    aforesaid Act, 1946. However, in the instant case, the petitioner utterly failed to
    discharge the burden. It is also submitted that rebuttal evidence is not
    mandatory in every case and would be given only if necessary. He further
    submits that the evidence of a proceedee has to be cogent, relevant, which
    inspire confidence and acceptable and only thereafter, the question of adducing
    rebuttal evidence may come in.

    10. The learning Standing Counsel has further submitted that the written
    statement is the basic document which is supposed to lay down the foundation
    of the case of the proceeding and the written statement in the instant case
    lacks details and is totally vague. There is no date or year of the births of the
    petitioner and there is no details of the family members. In this connection, he
    has relied upon the following observations made by the Hon’ble Supreme Court
    in the case of Sarbananda Sonowal vs. Union of India reported in(2005)
    5 SCC 665:

    “17. There is good and sound reason for placing the burden of proof upon

    the person concerned who asserts to be a citizen of a particular country.
    In order to establish one’s citizenship, normally he may be required to
    give evidence of (i) his date of birth (ii) place of birth (iii) name of his
    parents (iv) their place of birth and citizenship. Sometimes the place of
    birth of his grandparents may also be relevant like under Section 6-A(1)

    (d) of the Citizenship Act. All these facts would necessarily be within the
    Page No.# 7/17

    personal knowledge of the person concerned and not of the authorities of
    the State. After he has given evidence on these points, the State
    authorities can verify the facts and can then lead evidence in rebuttal, if
    necessary. If the State authorities dispute the claim of citizenship by a
    person and assert that he is a foreigner, it will not only be difficult but
    almost impossible for them to first lead evidence on the aforesaid points.

    This is in accordance with the underlying policy of Section 106 of the
    Evidence Act which says that when any fact is especially within the
    knowledge of any person, the burden of proving that fact is upon him.”

    11. On the submissions made on behalf of the petitioner assailing the LVO
    Report and the aspect of reliance upon the case of Moslem Mondal (supra)
    the learned Standing Counsel has submitted that the observations relied upon is
    on the aspect of an enquiry made by the police and not on the report by an
    LVO. He has further submitted that the issue has been settled by the Division
    Bench in the case of Sayam Uddin Vs Union of India in WA/170/2019 vide
    judgment and order dated 29.07.2019 affirming the views of the learned Single
    Judge in which a detailed exposition of the law has been made.
    The said view
    has been reiterated in the case of Shukurjan Nessa @ Sukurjan Vs State of
    Assam
    reported in 2025 (2) GLT 105.
    He has also submitted that the opinion
    expressed in the case of Amina Khatun (supra) is per incuriam inasmuch as in
    the present case, the Tribunal had assumed jurisdiction as per the judgment of
    the Hon’ble Supreme Court in the case of Sarbananda Sonowal (supra)
    whereby all pending cases were transferred to the Foreigners Tribunals.

    12. The learned Standing Counsel has submitted that the only documentary
    evidence worth is name to establish a link is the certificate by the Gaonburah.

    Page No.# 8/17

    However, the same has not been proved in accordance with law as admittedly
    the register and the contemporaneous records were not proved by the said
    Gaonburah. He has also submitted that the Gaonburah is admittedly aged about
    35 years on the date of adducing evidence and the certificate pertains to a
    period of 1971 when he was not even born. In this regard, he has relied upon
    the case of Abdul Kuddus Vs State of Assam [WP(C)/1073/2016 disposed of
    07.05.2018].

    13. On the aspect of the stream mentioned in the notice and the impugned
    opinion, the learned Standing Counsel has relied upon the case of Ananda
    Ghosh Vs Union of India
    reported in 2017 (2) GLT 996 and the following
    observations has been pressed into service:

    “13. Having regard to the above, we have no hesitation to hold that when the
    reference was as to whether petitioner was a foreigner belonging to the post
    25.03.1971 stream, non-mentioning of the same or wrong-mentioning of the
    stream of foreigners to which the petitioner belongs in the notices would not
    vitiate the ultimate conclusion reached by the Tribunal that petitioner was a
    foreigner of post 25.03.1971 stream. Since the reference was answered in
    favour of the State, it ought to be and has rightly been answered in the above
    manner. As a matter of fact, this issue was not even raised by the petitioner in
    his written statement possibly because he was fully aware that the allegation
    against him was of being a foreigner belonging to the post 25.03.1971 stream.
    Therefore, this ground urged on behalf of the petitioner stands rejected.
    However, before moving on to the next ground, we would like to observe that
    the Tribunal ought to have been careful while issuing the notices. We hope and
    expect that such mistakes would not be repeated in future.”

    14. In support of his submission that a certificate has to be proved from
    Page No.# 9/17

    contemporaneous records, the learned Standing Counsel has relied upon the
    judgment passed in the case of Romila Khatun vs. Union of India reported
    in 2018 (4) GLT 373 and the following observations have been pressed into
    service.

    “20. It is trite that documentary evidence would have to be proved on the basis
    of the record and the contemporaneous record must substantiate and prove the
    contents of the document. Proof of document is one thing and proof of contents
    is another. Not only the document would have to be proved but its contents
    would also have to be proved. That apart, the truthfulness of the contents of the
    document would also have to be established from the record. A document or the
    contents of the document cannot be proved on the basis of personal knowledge.
    …”

    15. He has also drawn the attention of this Court to the case of Nur Begum
    vs. Union of India and Ors.
    reported in 2020 (3) GLT 347 wherein certain
    observations regarding exercise of Certiorari jurisdiction have been made which
    reads as follows:

    “9. On the available materials, we find that the Tribunal rendered
    opinion/order upon due appreciation of the entire facts, evidence and
    documents brought on record. We find no infirmity in the findings and opinion
    recorded by the Tribunal. We would observe that the certiorari jurisdiction of
    the writ court being supervisory and not appellate jurisdiction, this Court would
    refrain from reviewing the findings of facts reached by the Tribunal. No case is
    made out that the impugned opinion/order was rendered without affording
    opportunity of hearing or in violation of the principles of natural justice and/or
    that it suffers from illegality on any ground of having been passed by placing
    reliance on evidence which is legally impermissible in law and/or that the
    Page No.# 10/17

    Tribunal refused to admit admissible evidence and/or that the findings finds no
    support by any evidence at all. In other words, the petitioner has not been able
    to make out any case demonstrating any errors apparent on the face of the
    record to warrant interference of the impugned opinion.”

    16. He has also relied upon the case of the Hon’ble Supreme Court in Rupjan
    Begum vs. Union of India
    reported in(2018) 1 SCC 579, wherein it has
    been laid down that a certificate has to be proved on two aspects, firstly, the
    authenticity of the same and secondly, the authenticity of the contents.

    17. The learned Standing Counsel has accordingly submitted that the writ
    petition be dismissed and the interim order be vacated.

    18. The learned counsel for the rest of the respondents have supported the
    submissions advanced on behalf of the Home Deptt. & NRC and have prayed for
    dismissal of the writ petition. They have submitted that this Court in exercise of
    its Certiorari jurisdiction does not act as an Appellate Court and it is only the
    decision making process which can be the subject matter of scrutiny. It is also
    submitted that there is no procedural impropriety or illegality in the decision
    making process and therefore, the instant petition is liable to be dismissed.

    19. The rival submissions made have been duly considered and the materials
    placed before this Court including the records of the Tribunal have been
    carefully perused.

    20. With regard to the aspect of burden of proof as laid down in Section 9 of
    the Act of 1946, the law is well settled that the burden of proof that a
    proceedee is an Indian citizen is always on the said proceedee and never shifts.
    In the said Section, there is non-obstante clause that the provisions of the
    Page No.# 11/17

    Indian Evidence Act would not be applicable. For ready reference, Section 9 is
    extracted hereinbelow-

    “9. Burden of proof.–If in any case not falling under Section 8 any question
    arises with reference to this Act or any order made or direction given
    thereunder, whether any person is or is not a foreigner or is or is not a foreigner
    of a particular class or description the onus of proving that such person is not a
    foreigner or is not a foreigner of such particular class or description, as the case
    may be, shall, notwithstanding anything contained in the Indian Evidence Act,
    1872
    (1 of 1872), lie upon such person.”

    21. In this connection, the observations of the Hon’ble Supreme Court in the
    case of Fateh Mohd. Vs. Delhi Administration [AIR 1963 SC 1035] which
    followed the principles laid down by the Constitutional Bench in the case of
    Ghaus Mohammad Vs. Union of India [AIR 1961 SC 1526] in the context
    of Foreigners Act, 1946 would be relevant which is extracted hereinbelow-

    “22. This Act confers wide ranging powers to deal with all foreigners or with
    respect to any particular foreigner or any prescribed class or description of
    foreigner for prohibiting, regulating or restricting their or his entry into India or
    their presence or continued presence including their arrest, detention and
    confinement. The most important provision is Section 9 which casts the burden
    of proving that a person is not a foreigner or is not a foreigner of such
    particular class or description, as the case may be, shall lie upon such person.
    Therefore, where an order made under the Foreigners Act is challenged and a
    question arises whether the person against whom the order has been made is a
    foreigner or not, the burden of proving that he is not a foreigner is upon such a
    person. In Union of India v. Ghaus Mohd. the Chief Commissioner of Delhi
    served an order on Ghaus Mohammad to leave India within three days as he
    Page No.# 12/17

    was a Pakistani national. He challenged the order before the High Court which
    set aside the order by observing that there must be prima facie material on the
    basis of which the authority can proceed to pass an order under Section 3(2)(c)
    of the Foreigners Act, 1946. In appeal the Constitution Bench reversed the
    judgment of the High Court holding that onus of showing that he is not a
    foreigner was upon the respondent.”

    22. Before embarking to adjudicate the issue involved vis-a-vis the submissions
    and the materials on record, we are reminded that a Writ Court in exercise of
    jurisdiction under Article 226 of the Constitution of India would confine its
    powers to examine the decision making process only. Further, the present case
    pertains to a proceeding of a Tribunal which has given its findings based on the
    facts. It is trite law that findings of facts are not liable to be interfered with by a
    Writ Court under its certiorari jurisdiction.

    23. Law is well settled in this field. The Hon’ble Supreme Court, after
    discussing the previous case laws on the jurisdiction of a Writ Court qua the writ
    of certiorari, in the recent decision of Central Council for Research in
    Ayurvedic Sciences and Anr. Vs. Bikartan Das & Ors [Civil Appeal No.
    3339 of 2023] has laid down as follows:

    “49. Before we close this matter, we would like to observe something important
    in the aforesaid context: Two cardinal principles of law governing exercise of
    extraordinary jurisdiction under Article 226 of the Constitution more particularly
    when it comes to issue of writ of certiorari.

    50. The first cardinal principle of law that governs the exercise of extraordinary
    jurisdiction under Article 226 of the Constitution, more particularly when it
    comes to the issue of a writ of certiorari is that in granting such a writ, the High
    Court does not exercise the powers of Appellate Tribunal. It does not review or
    Page No.# 13/17

    reweigh the evidence upon which the determination of the inferior tribunal
    purports to be based. It demolishes the order which it considers to be without
    jurisdiction or palpably erroneous but does not substitute its own views for
    those of the inferior tribunal. The writ of certiorari can be issued if an error of
    law is apparent on the face of the record. A writ of certiorari, being a high
    prerogative writ, should not be issued on mere asking.

    51. The second cardinal principle of exercise of extraordinary jurisdiction under
    Article 226 of the Constitution is that in a given case, even if some action or
    order challenged in the writ petition is found to be illegal and invalid, the High
    Court while exercising its extraordinary jurisdiction thereunder can refuse to
    upset it with a view to doing substantial justice between the parties. Article 226
    of the Constitution grants an extraordinary remedy, which is essentially
    discretionary, although founded on legal injury. It is perfectly open for the writ
    court, exercising this flexible power to pass such orders as public interest
    dictates & equity projects. The legal formulations cannot be enforced divorced
    from the realities of the fact situation of the case. While administering law, it is
    to be tempered with equity and if the equitable situation demands after setting
    right the legal formulations, not to take it to the logical end, the High Court
    would be failing in its duty if it does not notice equitable consideration and
    mould the final order in exercise of its extraordinary jurisdiction. Any other
    approach would render the High Court a normal court of appeal which it is not.”

    24. In the instant case, the written statement is vague and apparently, has not
    met the requirements, as laid down by the Hon’ble Supreme Court in the case of
    Sarbananda Sonowal (supra). There is a requirement to disclose the
    following:

    (i) date of birth,

    (ii) place of birth,
    Page No.# 14/17

    (iii) name of the parents,

    (iv) their place of birth and citizenship.

    Further, there may be a requirement to give the details of the grandparents. It
    has been stated that all these facts would necessarily be within the personal
    knowledge of the person concerned and not of the authorities of the State.

    25. As regards the Voters Lists relied upon by the petitioner, the first two are
    of the years 1966 and 1970 which contain the names of the grandmother and
    projected parents. However, the next Voters List is of the year 1997, i.e. after a
    long inordinate gap of more than 25 years. There is no explanation at all with
    regard to the same. Moreover, in the Voters List of the year 1997, there is a
    change in the name of the projected mother from Aymona Nessa to Aymona
    Khatun. There is no explanation as to why there is not a single Voters List of the
    petitioner with her projected parents even assuming that the petitioner got
    married in the year 1989, as claimed. It may be mentioned that from materials
    available on records, the year of birth of the petitioner can be deduced to be
    1970.

    26. We also find sufficient force in the submission advanced on behalf of the
    respondents that the written statement has not disclosed the materials
    particulars which is a mandatory requirement in a matter of this nature. There is
    no disclosure of the date of birth and the same is not supported by acceptable
    and cogent documentary evidence which have been proved in accordance with
    law.

    27. As regards the Gaonburah Certificate read with the evidence of DW 3, the
    records would reveal that the said certificate cannot be regarded as an
    Page No.# 15/17

    admissible piece of evidence, more particularly for the purpose of determination
    of one’s citizenship. The DW 3 in his cross examination had made some startling
    revelation and the same are extracted herein below:

    “I have been working as a Gaonburah of village Balikuri Non-K since 2010. OP’s
    brother Abul Hussen verbally requested me for issuance of a certificate in the
    name of OP and accordingly I have issued the said certificate.”

    28. So far as the evidence of the projected brother – Anowar Husen as DW 2
    is concerned, we find that his version is not consistent with the other materials
    on record, more particularly the written statement and the evidence of the
    proceedee as DW 1. In the reply to the clarificatory questions put by the learned
    Tribunal, DW 2 had stated that there were in total 9 siblings. However, in the
    written statement, there is a mention of only two brothers by the petitioner.

    29. With regard to the submissions advanced on the LVO report, the issue is
    no longer res integra. In fact, the entire facet has been discussed and answered
    in details by this Court in the case of Sayam Uddin vs. Union of India &
    Ors.
    reported in 2019 (4) GLT 456 which has also been upheld by the Hon’ble
    Division Bench in WA/170/2019 vide judgment and order dated 29.07.2019.
    The
    said view has been reiterated in the case of Shukurjan Nessa (supra). While
    endorsing the aforesaid view, we are also of the opinion that non furnishing of
    details in the LVO report would not cause any prejudice to a proceedee in
    defending a Reference in the Foreigners Tribunal. It needs to be kept in mind
    that the said procedure was adopted in view of the unabated influx of foreigner
    nationals causing a threat to the national security.
    We also find force in the
    contention of Shri Payeng, learned SC that the observations of the Full Bench in
    Moslem Mondal (supra) would not be applicable as the said observations were
    Page No.# 16/17

    on police enquiry and not on the report of LVO. As observed above, the Tribunal
    assumed jurisdiction upon the direction of the Hon’ble Supreme Court in the
    case of Sarbananda Sonowal (supra).
    With regard to the arguments
    advanced on the stream, the law has been settled in the case of Ananda
    Ghosh
    (supra). It has been laid down that non-mentioning of the same or wrong-
    mentioning of the stream of foreigners to which the petitioner belongs in the notices
    would not vitiate the ultimate conclusion reached by the Tribunal that petitioner was a
    foreigner of post 25.03.1971 stream.

    30. We are also unable to accede to the submission that there has been cross
    examination by the learned Tribunal. A bare perusal of the impugned opinion
    would show that the State was unrepresented. There is also a mandate in law
    to complete the proceedings within a time frame of 60 days. Under such
    circumstances, the learned Tribunal was within its jurisdiction to put certain
    clarificatory questions so that the truth triumphs. In this regard, one may
    gainfully refer to the provisions of Section 165 of the Evidence Act which read as
    follows:

    “165. Judge’s power to put questions or order production.

    The judge may, in order to discover or to obtain proper proof of relevant facts,
    ask any question he pleases, in any form, at any time, of any witness, or of the
    parties, about any fact relevant or irrelevant ; and may order the production of
    any document or thing ; and neither the parties nor their agents shall be
    entitled to make any objection to any such question or order, nor, without the
    leave of the Court, to cross-examine any witness upon any answer given in
    reply to any question: Provided that the judgment must be based upon facts
    declared by this Act to be relevant and duly proved :Provided also that this
    section shall not authorise any Judge to compel any witness to answer any
    Page No.# 17/17

    question or to produce any document which such witness would be entitled to
    refuse to answer or produce under sections 121 to 131, both inclusive, if the
    question were asked or documents were called for by the adverse party; nor
    shall the Judge ask any question which it would be improper for any other
    person to ask under section 148 or 149; nor shall he dispense with primary
    evidence of any document , except in the cases hereinbefore excepted.”

    31. In the case of Bijoy Das vs UOI reported in 2018 (3) GLT 118, this Court
    has laid down that in proceedings of this nature, oral evidence alone would not
    be enough and such evidence is required to be supported and corroborated by
    documentary evidence and contemporaneous records. However, in this case, the
    same has not been able to be done by the petitioner.

    32. In view of the aforesaid facts and circumstances, we are of the opinion
    that the impugned order dated 19.01.2019 passed by the learned Foreigners

    Tribunal 5th, Barpeta, Assam in F.T. (5th) Case No. 468/2016 arising out of Ref.
    IM(D)T Case No. 6635 (A)/98 does not call for any interference.

    33. The writ petition accordingly stands dismissed. Interim order passed earlier
    stands vacated. The actions consequent upon the opinion rendered by the
    learned Tribunal would follow in accordance with law.

    34. The records of the learned Tribunal be returned forthwith, along with a
    copy of this order.

                                       JUDGE                            JUDGE
    
    Comparing Assistant
     



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