The Supreme Court has reiterated that the presumption under the Foreigners Act is not against the individual alone, but it also requires the government to bring forth sufficient evidence before dragging a person to proceedings. This decision was delivered in response to concerns over arbitrary demands for proof of citizenship.
While Section 9 of the Foreigners Act has been a matter of challenge for long, as it puts the burden on the individual to prove his citizenship. Supreme Court has now made it clear that the authorities have to present some material evidence before making such demands. The court added that a reasonable doubt should exist rather than mere suspicion to question a person’s citizenship.
This case further lays down the principle of natural justice; in short, very boldly asserting that allegations of illegal migration have to be specific and supported by firm documentary evidence. It cannot be based upon mere vague accusations or minor errors in documentation.
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It quashed an order declaring a person an illegal migrant on grounds that evidence was inadequate and there were only minor errors in the documents, barely warranting such a serious accusation.
The judgment is a ray of hope for a large number of people from becoming the targets of false accusations and for the principles of justice and equity to reign supreme in matters relating to citizenship.
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