Age discrepancy in poll rolls no ground for doubting citizenship: Gauhati High Court

STAFF REPORTER

GUWAHATI: In an Order which is likely to have an impact on decisions taken by various Foreigners Tribunals (FTs) of Assam, the Gauhati High Court recently observed that discrepancy regarding age of parents in electoral rolls should not be considered as sufficient reason to declare a person as a foreigner during legal proceedings. The High Court's observation came while setting aside an order passed by the Foreigners Tribunal, Tezpur (1st) in FT Case No.29/2017), on the basis of a Writ Petition filed by one Farida Begum, who was declared as a foreigner in 2019. Begum submitted data from various voters' list from 1966 onwards to justify her claim that her parents, Abdul Gafar and Hafijan Nessa of Barika Chuburi village under Tezpur Legislative Assembly Constituency, had been residing in Assam at least since 1966. The High Court observed that: "As regards the issue of citizenship, it is well-settled that if a proceedee is able to establish his/her link with his/her parents, who have been indisputably living in Assam prior to 1966, it would be sufficient to discharge the burden cast upon the proceedee that he/she is an Indian and not a foreigner."

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