Case Law Analysis
|Gauhati High Court
Section 9 Foreigners Act 1946 | Burden of Proof on Proceedee Alone; Family Members Cannot Be Declared Foreigners Without Separate Reference : Gauhati HC
Gauhati HC rules that under Section 9 of the Foreigners Act, 1946, the burden of proof lies solely on the proceedee to establish citizenship. The court set aside the declaration of the petitioner's family members as foreigners, emphasizing that each individual must be separately referenced and given an opportunity to prove their citizenship, reinforcing principles of natural justice.