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Judgment
Ujjal Bhuyan, J.
Heard Mr. P. Mahanta, learned counsel for the petitioner and Mr. J. Payeng, learned Special Counsel, Foreigner’s Tribunal (FT).
Petitioner is a proceedee in F.T.(D) Case No.864/2017 pending before the Foreigners Tribunal No.5, Morigaon. Petitioner’s request to summon
the school authority to prove the school certificate relied upon by the petitioner was rejected by the Tribunal vide order dated 3.4.2018 on the ground
that under Section 9 of the Foreigners Act, 1946, the entire burden was on the proceedee to prove that he was not a foreigner but a citizen of India.
Since petitioner has placed reliance on the school certificate, it is for him to prove the same having regard to the provisions contained in Section 66 of
the Indian Evidence Act, 1872. Unless previous notice is given by a party to the person or authority who is the custodian of the original record or
document sought to be relied upon by the party, it would not be justified for the Tribunal on its own to issue summon to such person or authority for
production of the original record and for testifying before the Tribunal.
In such circumstances, we do not find any good ground to interfere with the rejection order of the Tribunal, that too, at this interlocutory stage. Writ
petition is dismissed. Registry to inform the concerned Foreigners Tribunal.