In Brief
Md. Rahim Ali was declared a foreigner by a Tribunal and his citizenship challenged. The Supreme Court held that although Section 9 of the Foreigners Act places the burden on the alleged foreigner to prove he is not a foreigner, this applies only after authorities establish material grounds. Here, the authorities provided no evidence—only bare allegations of illegal entry from Bangladesh. The Court found that copy of "main grounds" must be provided before the burden shifts, citing principles of natural justice. Minor spelling discrepancies in voter lists are unremarkable and insufficient to disbelieve continuous residence from the 1960s-1970s. The ex parte Tribunal order violated fair procedure. The Court declared the appellant an Indian citizen.
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