Gauhati High Court rules against foreigner classification in citizenship case

It matters to citizens as it addresses the legal standards for verifying citizenship claims based on historical documents like voter lists and NRC entries.

Who it concerns: The petitioner (Aminul Hoque), the Union of India (Ministry of Home Affairs), the Election Commission of India, the State of Assam, the Assam Coordinator of NRC, and various local police and administrative officials in Assam.

What was decided

• The petitioner challenged an opinion dated 28.02.2019 by Foreigners Tribunal No.4, Kamrup (M), which classified him as a foreigner.
• The petitioner claimed Indian citizenship by birth, citing his father's inclusion in the 1951 NRC and voter lists from 1966 to 2017.
• The petitioner provided evidence including a 1973 land sale deed, school certificates, PAN card, and EPIC.
• The Foreigners Tribunal rejected the 1951 NRC copies as unproven photocopies and discarded the 1973 land deed due to lack of explanation regarding inheritance.
• The Tribunal noted discrepancies in the age of the petitioner's mother across different voter lists (1979, 1985, 1989) and doubts about family identity between different villages.
• The High Court reserved its judgment on 02.04.2026 and pronounced the full judgment on 30.06.2026.

Also in the document

• The judgment was delivered by a bench of Justice Kalyan Rai Surana and Justice Shamima Jahan.
• The petitioner's father's name appeared with variations (Mohiruddin Sheikh, Mohir Uddin, Mohir Uddin Sheikh) across different documents and voter lists.
• The petitioner stated that his family shifted locations multiple times due to Brahmaputra river erosion and family separation.