4.
Violations of Natural Justice and the Right of Due Process
4.2.10
Proving Public and Private Documents
Proving a document requires establishing both its authenticity and the reliability of its contents. Yet,
practices in the FTs—compounded by Gauhati High Court rulings—frequently depart from settled
evidentiary norms, imposing onerous burdens on litigants and undermining fair trial guarantees.
Public Documents and Presumption of Genuineness
Under Indian evidence law—now governed by the Bharatiya Sakshya Adhiniyam (BSA), which
replaced the Indian Evidence Act, 1872 (IEA) on 1 July 2024—public documents enjoy a presumption
of genuineness and correctness. Certified copies of such documents, including voter rolls, are
admissible without further proof unless that presumption is rebutted.350 This rests on the assumption
that public officers act in good faith.
However, the FTs and the High Court routinely disregard this principle. In Borhan Ali v. Union of
India,351 Justice Ujjal Bhuyan rejected a voter roll’s authenticity, citing the absence of the voter’s age
and the general suspicion surrounding Assam’s voter lists. He remarked that “it would be safer to
insist for proof as it is in the public domain that a large number of voter lists have been suspected to
not be genuine.” This stance reflects systemic distrust, overriding the statutory presumption.
Similarly, Justice Manojit Bhuyan dismissed handwritten voter rolls due to their “deplorable condition”
and inconsistent ink usage, imposing arbitrary standards that ignore the legal presumption of
regularity.352 In Sati Baishya v. Union of India,353 Justice M.R. Pathak upheld the FT’s demand for
certified voter rolls to be compared with original records or corroborated by testimony from issuing
authorities — again imposing extra-legal burdens on litigants.
These rulings force defendants to prove documents that the law presumes genuine. Under Indian
evidence law, proof should be required only where the presumption is rebutted with evidence. Yet
in these cases, no such rebuttal occurred, and defendants were denied an opportunity to establish
authenticity once doubt had been arbitrarily raised.
By contrast, in Mazibar Miah v. Union of India,354 Justice A.M. Bujor Barua adhered to the correct
principle, affirming that voter rolls are public documents and do not require validation by the officer
who prepared them. However, such fidelity to the law remains the exception rather than the norm.
Frequently
annexed
documents in
the 1,193 High
Court orders
under study
350
Document
No. of petitioners
No. of women
Gaonburah certificates
165
85
Gaonpanchayat certificates
146
94
School certificates
118
63
Jamabandi and other land documents
160
67
Electoral rolls
523
266
Indian Evidence Act 1872, ss 77, 79, 114(e).
Borhan Ali (n 340).
Musstt Joynab Bibi and Ors. v. Union of India WP(C) 7035/2016 (Gauhati High Court, 15 November 2018).
353
Smt. Sati Baishya @ Sati Mitra @ Saraswati Baishya v. Union of India WP(C) 8585/2018 (Gauhati High Court, 20 September 2024).
354
Mazibar Miah v. Union of India WP(C) 871/2019 (Gauhati High Court, 13 February 2019) [4].
351
352
113
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