The Gauhati High Court has upheld a Foreigners Tribunal order declaring an Assam woman a foreigner who entered India after March 25, 1971, while setting aside the same declaration against her children. The court said the petitioner failed to legally establish her linkage with her projected father through reliable documentary evidence.
Background of the Case
The case arose from a reference made by the Superintendent of Police (Border), Cachar district, against Maya Das. In 2019, Foreigners Tribunal No. 4 at Silchar declared her and her children foreigners who allegedly entered India after the cut-off date fixed under Assam citizenship laws.
Challenging that order before the High Court, Maya Das argued that she had produced sufficient documents, including voter lists, NRC records, school certificates, marriage records, and birth certificates of her children. She also relied on a certificate issued by the local Gaon Panchayat Secretary to establish her family linkage.
The petitioner contended that the Tribunal ignored unrebutted evidence and wrongly concluded that she had failed to prove her citizenship.
The division bench of Justice Sanjay Kumar Medhi and Justice Shamima Jahan examined the records and reiterated that under Section 9 of the Foreigners Act, the burden of proving Indian citizenship lies entirely on the person facing the proceedings.
The court observed that although documents relating to the petitioner’s projected father were produced, there was no legally admissible material directly linking Maya Das to him. The bench noted that the school certificate was not proved through its author and the Panchayat certificate could not by itself establish citizenship.
Referring to earlier Supreme Court rulings, the court observed:
“The certificate issued by the G.P. Secretary, by no means, is proof of citizenship.”
The bench further held that oral testimony alone was insufficient in such proceedings unless supported by reliable contemporaneous records. It also stressed that in writ jurisdiction, the High Court does not act as an appellate court to reassess factual findings unless there is a clear legal error in the decision-making process.
While refusing to interfere with the declaration against Maya Das, the court found fault with the Tribunal’s decision to also declare her sons and daughters foreigners without separate proceedings against them.
The bench stated that unless a specific reference is initiated against an individual, a Foreigners Tribunal cannot declare that person to be a foreigner merely because a family member has been declared one.
The High Court ultimately upheld the Tribunal’s opinion against Maya Das but set aside the findings against her children. The writ petition was disposed of accordingly, and the interim protection granted earlier was vacated.
The court also clarified that its order would not prevent the petitioner from applying for relief under the Citizenship Amendment Act, if legally permissible.
Case Details
Case Title: Maya Das v. Union of India & Ors.
Case Number: WP(C)/5617/2019
Judges: Justice Sanjay Kumar Medhi and Justice Shamima Jahan
Decision Date: April 30, 2026
