Are Aadhaar, Voter ID, PAN, Bank Account Proofs Of Citizenship? Calcutta High Court Clarifies

In a significant judgment, the Calcutta High Court has clarified that neither a person's voter card, Aadhaar card, nor bank account can be considered infallible or conclusive proof of Indian citizenship.

The court has clearly stated that if questions arise about a person's citizenship, then merely possessing these documents cannot be considered proof of Indian citizenship unless it is legally confirmed.

The court made this comment while hearing a petition filed by a Murshidabad man who has been held in a detention centre because of discrepancies in his identity as a "Bangladeshi." The court categorically refused to interfere with the state's actions.

Confusing facts and contradictory statements

A division bench of Justice Debangshu Basak and Justice Mohammad Shabbar Rashidi heard the case. According to the petition, Nasir and his cousin Suman Molla were given several opportunities to prove that Nasir Vansh is an Indian citizen.

Suman claimed that Nasir's father died in 1980 and that she had raised him. However, the court rejected this claim because documents showed that Nasir, 46, was older than Suman, 38.

ALSO READ: 'Removal From SIR List Doesn't Mean Loss Of Citizenship': SC Seeks Response From EC, Bengal Govt

The court also found that there were significant contradictions between the statements of the petitioner and his witness. During police interrogation, Suman identified himself as Nasir's cousin, while in court he identified himself as his uncle.

Furthermore, the option of clarifying the situation through DNA testing could not be explored as Nasir's parents could not provide accurate information about their burial site after their death.

Onus of proof in the eyes of the law and the SIR process

The state counsel told the court that during his detention, Nasir had confessed that he was a Bangladeshi national who had entered India illegally.

Although the court refrained from going into a lengthy debate on the validity of a custodial statement, the bench stressed that even if statements made in police custody are excluded, the legal burden of proof to prove citizenship rests entirely with the detained person.

ALSO READ: Indian Citizenship Proof: If Aadhaar, PAN And Passport Aren’t Enough, Which Documents Do You Need?

Nasir could not produce any birth certificate in his favour. However, Suman did present his voter ID card, Aadhaar card, PAN card, and United Bank of India passbook to the court. The division bench clarified that a voter ID card only serves as proof of inclusion in the electoral roll, not proof of citizenship.

Nasir's name was removed from the voter list during the SIR process. The court reiterated in its ruling that Aadhaar, PAN, and bank account details alone cannot be sufficient proof of Indian citizenship.