Calcutta High Court: Aadhaar, Voter ID, PAN not conclusive proof of citizenship

It matters to citizens because it clarifies that common documents like Aadhaar, Voter ID, and PAN cards are not conclusive proof of Indian citizenship in legal proceedings involving deportation.

Who it concerns: The judgment concerns the petitioner (Suman Molla), the detained individual (his nephew/cousin), the State of West Bengal, the Union of India, and the general public regarding the evidentiary standards for proving citizenship under the Immigration and Foreigners Act, 2025.

What was decided

• The Court held that a Voter Identity Card, Aadhaar Card, PAN Card, and bank account passbook are not conclusive proof of Indian citizenship.
• The Court found that the petitioner failed to establish the detainee's citizenship by birth (no birth certificate) or by descent (inconsistent father's names and lack of connection to maternal relatives).
• The Court noted that the burden of proof to establish nationality lies with the detainee under Section 16 of the Immigration and Foreigners Act, 1946 (and the 2025 Act).
• The Court drew an adverse inference against the detainee regarding the citizenship of his parents because the petitioner refused to identify the location of the parents' mortal remains for potential DNA testing.
• The Court observed that the detainee admitted to being a Bangladeshi national during interrogation, though this admission was made while in detention.
• The detention was conducted under the Ministry of Home Affairs Circular dated May 2, 2025, which was not challenged in this petition.

Also in the document

• The Court noted a discrepancy in the relationship claimed by the petitioner, who described the detainee as his nephew in the petition but as his cousin in the police complaint.
• The Court highlighted that the petitioner's age (38) and the detainee's age (46) made the claim of an uncle-nephew relationship factually inconsistent.
• The Court stated that the detainee's name was deleted from the electoral roll during the Special Intensive Review (SIR) of 2026, and an appeal against this deletion was pending.