Burden of Proving Citizenship on Suspected 'Foreigner'; Aadhaar, Voter ID Not Conclusive Proof: Calcutta HC
The bench said identity papers and land records do not establish citizenship and upheld detention after finding gaps in birth, parentage and descent claims.
- On Wednesday, the Calcutta High Court ruled that Aadhaar, voter identity cards, and PAN cards do not constitute conclusive proof of Indian citizenship, dismissing a habeas corpus petition filed by Suman Molla regarding his detained relative, Nasir.
- Authorities detained Nasir on June 18, 2026, as a suspected Bangladeshi national following a Union Ministry of Home Affairs circular dated May 2, 2025. Under the Immigration and Foreigners Act, 2025, detainees have 60 days to establish Indian citizenship.
- Justices Debangsu Basak and Ajay Kumar Gupta rejected the documents provided by the petitioner, citing significant inconsistencies in Nasir's parentage. The court drew an adverse inference after both parties declined to identify the burial sites of Nasir's parents.
- The bench affirmed that the burden of proving citizenship lies solely with the individual, not the state. Consequently, the court dismissed the petition, stating Nasir and Molla failed to discharge the required burden of proof.
- This ruling emphasizes that documents such as bank passbooks and land records are insufficient evidence of nationality. Nasir remains in a detention centre, as the court declined to interfere with the authorities' decision.
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Can Voter ID, Aadhaar or PAN Prove Citizenship? Calcutta High Court Says No | 📰 LatestLY
The Calcutta High Court has ruled that voter identity cards, Aadhaar and PAN cards do not amount to conclusive proof of Indian citizenship, while dismissing a habeas corpus petition filed on behalf of a man lodged in a detention camp after his name was struck off the electoral rolls during West Bengal's Special Intensive Revision (SIR) exercise. 📰 Can Voter ID, Aadhaar or PAN Prove Citizenship? Calcutta High Court Says No.
Aadhaar, PAN, Voter ID are not proof of citizenship: Calcutta HC
The Calcutta High Court has held that Aadhaar cards, PAN cards and voter identity cards cannot be treated as conclusive proof of Indian citizenship, while dismissing a habeas corpus petition filed against the detention of a man whose name was deleted from the electoral rolls during West Bengal’s Special Intensive Revision (SIR) of electoral rolls in 2026. A Division Bench of Justices Debangsu Basak and Ajay Kumar Gupta ruled that the petitioner …
Calcutta High Court says Aadhaar, PAN, voter ID don't prove Indian citizenship
The bench said a voter identity card only shows that a person was enrolled in the electoral rolls, and noted that petitioner's name had been deleted during the 2026 SIR process. It also held that opening a bank account, by itself, is not proof of Indian citizenship.
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