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Supreme Court of India 2019-02-14 allowed

Sirajul Hoque vs State of Assam & Ors

Bench: 2 — R.F. Nariman

In Brief

Sirajul Hoque appealed after being declared a foreigner by a tribunal and the High Court, challenging his citizenship status. The only discrepancy in the documents was the spelling variation of his grandfather's name—Kefatullah in some documents and Kematullah in others—along with claims that inconsistent village records undermined his identity. The Supreme Court examined the documentary evidence and found that his grandfather's and father's identities were successfully established through voter lists, NRC records, and other official documents. Minor spelling variations in historical documents, when other family names remained consistent, were insufficient to deny citizenship. The Court set aside both the tribunal and High Court judgments and allowed the appeal, ordering his immediate release."

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Citizenship Foreigners Act Evidence Administrative Law Civil Rights

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