4.
Violations of Natural Justice and the Right of Due Process
Proving the Truth of a Document’s Contents in Citizenship Proceedings
Establishing the truth of a document’s contents is fundamental to fair adjudication. This involves
demonstrating that the statements within a document accurately reflect the facts they describe. While
Indian evidence law provides a structured and flexible framework for this purpose, practices in the
FTs and rulings of the Gauhati High Court have frequently departed from these norms, imposing
excessive and arbitrary burdens on defendants and undermining procedural fairness.
Under settled law, the truth of a document’s contents may be proven through the testimony of
someone with direct knowledge of the information recorded.371 The testimony of the document’s
maker suffices where they possess such personal knowledge—such as a village official who, through
long acquaintance, knows a family’s relationships. This is direct evidence under Indian law, as it
comes from someone who directly observed or knew the facts documented.
Yet, the Gauhati High Court has routinely discredited even credible testimony from issuing authorities
with personal knowledge. Instead of assessing the testimony’s intrinsic reliability, the Court has
focused on immaterial omissions—such as the official’s inability to recall the exact year a family
moved to the village, the date of a marriage, or a birthdate.372 These minor lapses, irrelevant to the
core question of parentage or identity, have been grounds for rejecting evidence that are credible
testimonies.
This approach contradicts settled law, which holds that witness testimony should only be discredited
for contradictions in material details.373 It also creates absurd outcomes, as decisions are based
on omissions unrelated to the core claims. Defendants, often unaware of such details themselves,
cannot reasonably be expected to provide this information to the issuing authority. Furthermore, the
issuing authority cannot anticipate the precise details the FT or the Court might require, given that
judicial expectations vary widely and only become clear in the order. This creates an impossible
standard for defendants, effectively denying them the opportunity to establish their claims.
The Court’s reliance on such omissions reflects flawed assumptions: that more detailed statements
are inherently more truthful, and that people can recall facts comprehensively and accurately. Both
assumptions are debunked by psychological research.374 Detailed testimony does not guarantee
honesty—fabrication and memory distortion are possible. Nor is memory for dates or precise events
reliable;375 variations in detail often reflect cognitive differences rather than dishonesty.
371
Birad Mal Singhvi v. Anand Purohit 1988 Supp SCC 604 [14]; Ramji Dayawala & Sons v. Invest Import (1981) 1 SCC 80 [16]; Madan Mohan
Singh v. Rajni Kant (2010) 9 SCC 209 [22].
372
Md. Sayed Ali v. Union of India WP(C) 6774/2016 (Gauhati High Court, 16 May 2018); Jalaluddin v. Union of India WP(C) 7677/2016
(Gauhati High Court, 11 June 2018); Joyful Bibi (n 368); Jaygan Nessa v. Union of India WP(C) 5460/2018 (Gauhati High Court, 24
September 2018); Mahiruddin v. Union of India WP(C) 576/2019 (Gauhati High Court, 6 May 2019); Khalilur Rahman v. Union of India WP(C)
3256/2017 (Gauhati High Court, 18 September 2017); Tejiran Nessa v. Union of India WP(C) 4855/2019 (Gauhati High Court, 9 September
2019).
373
Narayan Chetanram Chaudhary v. State of Maharashtra (2000) 8 SCC 457 [42]; Duleshwar & Anr. v. State of Madhya Pradesh (2020) 11
SCC 440 [15.1]; Mritunjoy Biswas v. Pranab Alias Kuti Biswas & Anr. (2013) 12 SCC 796 [28].
374
Nienke Doornbos, ‘On Being Heard in Asylum Cases – Evidentiary Assessment through Asylum Interviews’ in Gregor Noll (ed), Proof,
Evidentiary Assessment and Credibility in Asylum Procedures (Martinus Nijhoff Publishers 2005), 118-119.
375
James Parry Eyster, ‘Searching for the Key in the Wrong Place: Why “Common Sense” Credibility Rules Consistently Harm Refugees’ (2011)
30 Boston University International Law Journal 1, 34-40.
117
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