Rofiqul Hoque vs Union Of India 2025 INSC 730 - Foreigners Act - Burden Of Proof - NRC
Foreigners Act, 1946 - Section 9 - Burden of proof on the proceedee to prove that he is not a foreigner - He has to establish by cogent documents or other evidence that either he himself had entered the territory of Assam prior to 25.03.1971 or his ancestors had entered the territory prior to the said date. (Para 13) [Context: SC upheld the Foreigners' Tribunal finding that the appellant could not discharge his burden of proving that he is not a foreigner - The Court also held that inclusion of the name of the appellant in the draft NRC would have no bearing on the order passed by the Tribunal, affirmed by the High Court, declaring the appellant a foreigner.]
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