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Gauhati High Court

Family migrates from WB, son declared foreigner in Assam! Gauhati HC upholds Tinsukia FT’s order, does not accept land documents as proof

Even as the poor, the unlettered and the dispossessed worry about proving their citizenship in the absence of having proper documents, it turns out even when one has them there is no guarantee that they will be able to prove their case. Munindra Biswas learnt this the hard way. Now that the final NRC has…

School headmaster’s testimony missing, Assam woman declared foreigner Gauhati HC uphold's FT order, insists on testimony of issuing authority to authenticate documents

In yet another example of how challenging it has become for people to prove their citizenship, the Gauhati High Court has ruled that a school leaving certificate needs to be authenticated by providing the testimony of the issuing authority. The court ruled against the suspected foreigner in the case because she failed to get her…

Assam woman Declared Foreigner

Assam woman declared foreigner due to discrepancy in father’s name Gauhati HC upholds FT judgment

This is the story of Khairan Nessa a.k.a Moyran Nessa, a woman from Assam who was declared foreigner when an FT ruled that she was not the daughter of her ‘projected’ father. Her troubles began way back in 1998 when a case was registered against her under the provisions of the (now scrapped) IMDT Act.…

Gauhati High Court Has Given A New Lease Of Life To Tribunals in Assam

Mere absence after filing documents not justification for FT order against proceedee: Gauhati HC Landmark order is a lifeline for people declared foreigner in ex parte judgments by FTs

In a significant order delivered on December 20, the Gauhati High Court has given a new lease of life to those defending their citizenship before Foreigners’ Tribunals in Assam. The court has ruled that if the proceedee is unable to appear for hearings but has filed relevant documents, they must be taken into consideration and…

EXCLUSIVE! Assam FT declares 282 people foreigner: Signed orders MISSING or full of errors Gauhati HC directs 57 cases be heard afresh

In a shocking instance of negligence and possible abuse of power, 282 people were declared foreigner by a Foreigners’ Tribunal (FT) in Assam without any record of due process, reasoning or even a signed order! When the Gauhati High Court took suo motu cognizance of the matter, and ordered an inquiry, it was revealed that…

Gauhati HC Upholds NRC Coordinator's order

Gauhati HC Upholds NRC Coordinator’s order on siblings and family members of Declared Foreigners Analysis of order dated June 22, 2018

Point of Discussion: The petition has been raised by an aggrieved brother of a Declared Foreigner and seeks to establish the unconstitutionality of such a notification in the light of S.2(3) and S.3(2) of the Schedule to the Citizenship (Registration of Citizens and Issue of National Identity Cards) Rules, 2003. Conclusion: The High Court upheld…

Gauhati HC upholds NRC State Coordinator’s controversial order Entire families could be dubbed 'foreigners' and excluded from the list

In what has come as a shock to many, the Gauhati High Court has upheld the May 2, 2018 order by the National Register of Citizens (NRC) State Coordinator, Prateek Hajela, that asks for names of siblings and other family members of Declared Foreigners (DF) to be kept pending from the NRC. This makes entire…

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