In Brief
The Supreme Court declared Md. Rahim Ali to be an Indian citizen, quashing the Foreigners Tribunal's order declaring him a foreigner. Although Section 9 of the Foreigners Act places the burden on the alleged foreigner to prove they are not foreign, the Court held that authorities must first establish prima facie material and grounds before shifting this burden. The authorities failed to provide Rahim Ali with the material supporting allegations that he illegally migrated from Bangladesh after 1971. Minor discrepancies in documents—spelling variations and date differences in electoral rolls—were insufficient to override evidence of long residence and family presence in India since 1965. The Court emphasized that penal statutes imposing severe consequences like deportation require strict construction and heightened procedural protections.
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