The Calcutta High Court has clarified that identity documents such as an Aadhaar card, voter ID, PAN card, or even a bank account are not conclusive proof of Indian citizenship. The division bench of Justice Debangsu Basak and Justice Md Shabbar Rashidi made this significant observation while hearing a case concerning a man detained as an alleged Bangladeshi national.
The ruling stems from a petition filed by Suman Molla on behalf of Nasir, who is being held at the Lalgola detention centre. Nasir was identified by authorities as a Bangladeshi national who had allegedly entered India illegally. The court emphasized that the burden of proving citizenship rests solely with the individual claiming it.
Inconsistencies and Lack of Evidence
During the proceedings, the bench noted several inconsistencies in the claims made on Nasir’s behalf. Suman Molla, who initially identified himself as Nasir's cousin to the police, later claimed to be his uncle in court. Furthermore, the court found it difficult to believe Suman's claim that he raised Nasir after his father's death in 1980, given that Nasir is 46 years old while Suman is only 38.
Nasir himself failed to produce a birth certificate or identify the burial site of his deceased parents, which the court noted could have facilitated a DNA test to verify his claims. The state's counsel also informed the court that Nasir had admitted to being a Bangladeshi national during his detention.
Documents Insufficient for Citizenship Proof
In support of Nasir's claim, Suman submitted a voter ID card, Aadhaar card, PAN card, and a United Bank of India passbook. However, the High Court unequivocally stated that these documents are insufficient to establish Indian citizenship.
"A voter identity card is not conclusive proof of Indian citizenship. It is evidence of the detainee's enrolment on electoral rolls," the bench observed, noting that Nasir's name had been deleted from the electoral roll during a Special Intensive Revision (SIR) process. The court applied the same reasoning to Aadhaar cards, PAN cards, and bank accounts, reiterating that while they establish identity, they do not confer citizenship.
The court refused to interfere with the ongoing proceedings against Nasir, upholding the principle that the onus of establishing citizenship lies with the detainee, regardless of the circumstances under which an admission of foreign nationality might have been made.