Rofiqul Hoque v. Union of India & Ors.
Background
The Foreigners Tribunal in Assam declared the appellant a foreigner who had illegally entered India after the cut-off date of 25.03.1971, a finding upheld by the Gauhati High Court. The appellant, relying on voter-list entries tracing his lineage to his grandfather and a school leaving certificate, argued he was an Indian citizen, and pointed out that after the High Court's order his name had appeared in Assam's 2018 draft NRC and he had obtained a PAN card.
Decision Breakdown
The Supreme Court held that under Section 9 of the Foreigners Act the burden was on the appellant to prove he was not a foreigner, and the discrepancies found by the Tribunal and High Court in his voter-list documents (mismatched villages, implausible ages, and a suspiciously-issued duplicate school certificate) were sufficient to justify rejecting his claim. Relying on its earlier decision in Abdul Kuddus v. Union of India, the Court held that inclusion of a person's name in the draft NRC cannot override or annul a prior declaration by the Foreigners Tribunal (the "competent authority") that the person is a foreigner. The appeal was dismissed and the appellant was to be treated as a foreigner.
Lesson Learnt
Once the Foreigners Tribunal has declared a person a foreigner, that determination stands unless overturned by a superior court - it cannot be undone merely because the person's name later appears in the draft National Register of Citizens.