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

This is a judgment by the Calcutta High Court in a writ petition challenging the detention of an individual as a foreign national. 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.

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.

• 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.

Written from the document by AI, and checked against it. The original below is authoritative.

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