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Supreme Court of India 2019-02-14 allowed

SIRAJUL HOQUE vs THE STATE OF ASSAM

Bench: 2 — Rohinton Fali Nariman, Vineet Saran

In Brief

Sirajul Hoque was declared a foreigner by a Tribunal and the High Court upheld the decision, citing his inadequate written statement and discrepancies in his grandfather's name (Kefatullah vs. Kematullah). The Supreme Court allowed his appeal, holding that minor spelling variations in documents do not indicate different persons when the grandfather's and father's identities are established through corroborating evidence including NRC records, voter lists, income tax documents, and election ID cards. The Court found the identity was successfully proven despite the name variations, and set aside both the Tribunal and High Court decisions.

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