Nurul Islam v. the Union of India and 5 Ors.
Foreigners Act, 1946 – Declaration as foreigner
Case brief
What is this about?
Gauhati High Court, Division Bench (Surana & Kalita, JJ.), decided 06-01-2026, WP(C)/310/2019 (linked WP(C)/1104/2019): writ petition by family members of detained declaree Md. Nurul Islam against Foreigners' Tribunal No. 1, Morigaon opinion dated 12.09.2013 (F.T. Case 49/2009, Police Ref. 17/07) declaring him a foreigner under section 2(a), Foreigners Act 1946; dismissed. Key points: section 9 Foreigners Act burden of proof on suspected foreigner; unproved private documents (school transfer certificate, father's 1965/1975 voter lists, job card, gaonburah marriage/residence certificates) cannot establish citizenship or father-son link; gaonburah not competent to issue marriage certificate; no proof of voting despite vote-eligibility from circa 1997; opinion not perverse; consequences of declaration to follow; petitioner in custody since 04.05.2018.
What did the court decide?
None; the writ petition failed and was dismissed, with the consequences of the impugned opinion directed to follow and the Tribunal records to be returned.