Gauhati High Court Quashes Order Declaring 52-Yr-Old Woman A Foreigner After Citizen-Father’s Testimony Remains Uncontroverted

Case: Bharati Rabidas v. The Union of India & 5 Ors.

Coram: Justice Achintya Malla Bujor Barua and Justice Robin Phukan

Case No.: WP(C)/2871/2019

Court Observation: Conjointly considering the aspect that the verification report itself is incomplete to lead to any conclusion that the petitioner is a person who entered the State of Assam subsequent to 25.03.1971 and further that the evidence of Ram Proshad Rabidas who could prove his citizenship had deposed that the petitioner is his daughter remained uncontroverted, we are of the view that the reference made against the petitioner itself would be untenable in law.

All that the authorities had asked in cross-examination is the age of Ram Proshad Rabidas, how many daughters he has and where he was born. It being so, the evidence in chief of Ram Proshad Rabidas that the proceedee Bharti Rabidas is his daughter remains uncontroverted.

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Gauhati High Court, Quashes Order