Voter-ID, Aadhaar, PAN, land records not citizenship proof: Calcutta HC
What's the story
The Calcutta High Court has ruled that voter identity cards, Aadhaar cards, PAN cards, and bank account statements are not conclusive proof of citizenship. The ruling was delivered by a division bench headed by Justices Debangsu Basak and Ajay Kumar Gupta while hearing a habeas corpus petition filed by one Suman Molla. Molla claimed his nephew Nasir was detained after his name was removed from electoral rolls during the SIR exercise even though an appeal against the deletion was pending.
Petition dismissal
Court's observations on citizenship proofs
Molla had argued that Nasir was an Indian citizen based on his voter identity card, Aadhaar card, PAN card, and bank passbook.
However, the court observed that a voter identity card only proves enrollment on electoral rolls and noted Nasir's name was deleted during the 2026 SIR process.
The bench also held that opening a bank account isn't proof of Indian citizenship by itself.
Proof burden
Burden of proof not discharged by Molla, Nasir: Court
The court observed that neither Molla nor Nasir could discharge the burden of proof as required under the Immigration and Foreigners Act, 2025.
It said it was not inclined to interfere with authorities' decisions.
The bench noted Nasir was detained on June 18, per a Ministry of Home Affairs circular dated May 2.
Under this circular, detainees are given 60 days to prove their Indian citizenship but Nasir failed to do so by July 20 when the judgment was delivered.
Parental citizenship
Allowed to speak to Nasir over phone
The court also allowed Molla's advocate to speak to Nasir over the phone, a facility provided by the state.
During the conversation, Nasir claimed his parents died in India but couldn't specify their burial places.
The court noted that if Nasir could identify these locations, DNA testing could be done "to establish that the parents of the detainee were in India."
However, since he couldn't provide this information, the court drew an adverse inference about his parents being Indian citizens.
Credibility questioned
Court questions Molla's credibility
The court also questioned Molla's credibility, as he had not approached it with "clean hands."
It said that while he described himself as Nasir's cousin in a written complaint to police, he claimed in the writ petition that he was the detainee's uncle.
The court also rejected Molla's claim of bringing up Nasir after his father's death in 1980 due to age discrepancies between them; the petitioner is 38 years old and the detainee 46 years old.