Calcutta High Court Rules Voter ID and Aadhaar Not Proof of Citizenship

In a significant ruling, the Calcutta High Court has determined that voter identity cards, Aadhaar cards, and PAN cards do not serve as definitive evidence of Indian citizenship. This decision arose during the hearing of a habeas corpus petition filed by Suman Molla, who alleged that his nephew, Nasir, was detained after his name was removed from the electoral rolls during the Special Intensive Revision (SIR) process in West Bengal. Molla contended that despite an appeal against the deletion being pending, Nasir's voter ID, Aadhaar card, PAN card issued by the Income Tax Department, and a bank passbook were sufficient to prove his citizenship status. However, the court, led by Justices Debangsu Basak and Ajay Kumar Gupta, clarified that these documents only indicate enrollment in the electoral rolls and do not confirm citizenship. The court emphasized that Nasir's name had been struck off during the 2026 SIR exercise, which further complicated his claims.

The court's ruling highlighted that merely opening a bank account does not equate to proof of Indian citizenship. The judges pointed out that both the petitioner and the detainee failed to meet the burden of proof as outlined by the Immigration and Foreigners Act of 2025. Consequently, the court declined to intervene in the authorities' decision regarding Nasir's detention, dismissing the habeas corpus petition. The bench noted that Nasir was detained on June 18, 2026, under a circular from the Ministry of Home Affairs dated May 2, 2025, which stipulates that detainees have 60 days to establish their citizenship. By the time of the court's judgment on July 20, Nasir had not provided any documentation to substantiate his claim of being an Indian citizen.