Foreigners Tribunal rejects claim Md. Alam Khan is foreigner

Alam Khan was a foreigner. It matters to citizens as it determines the citizenship status of an individual under the Foreigners Act, 1946, based on evidence of residency and lineage prior to 1971.

Who it concerns: The document concerns Md. Alam Khan (Opposite Party/Proceedee), the Union of India (Petitioner), and the Foreigners Tribunal, Barpeta (Issuing Authority).

What was decided

• The Tribunal answered the reference in the negative, declaring Md. Alam Khan is not a foreigner.
• The Tribunal found that the Proceedee proved he and his family entered Assam prior to 25th March 1971.
• The Tribunal relied on certified copies of voter lists from 1965, 1970, 1997, 2005, 2010, 2019, and 2021, as well as a Gaonpradhan certificate and 1951 NRC entries for grandparents.
• The Tribunal noted that the Proceedee's parents' names appeared in the 1965 and 1970 voter lists, and his name appeared in the 1985 voter list.
• The Tribunal stated that the onus of proving citizenship lies upon the Proceedee under Section 9 of the Foreigners Act, 1946, and found this burden met.

Also in the document

• The case was originally forwarded by the Superintendent of Police (B), Barpeta, under IM(D)T Reference case no. 1371/2000.
• The case record was transferred to the Tribunal following a direction by the Hon'ble Supreme Court dated 12/07/2005 in W.P.(C) 131 of 2000.
• No one appeared on behalf of the State/1st Party to adduce evidence during the proceedings.
• The Proceedee's mother, Jaytan Nessa, appeared as a witness and her evidence was found trustworthy by the Tribunal.