Aadhaar, Voter ID, PAN card, bank passbook not proof of citizenship: Calcutta High Court

Justices Debangsu Basak and Ajay Kumar Gupta

According to the petitioner, the detainee’s name had initially been marked as “under adjudication” during the 2026 Special Intensive Review (SIR) of electoral rolls before being deleted from the voters’ list. He argued that an appeal against the deletion was pending and that the detainee had not been granted a hearing before action was taken against him. The petitioner relied on documents including land records, voter identity documents and bank records.

The court noted that detainee’s citizenship by birth was not established as adequate proof was not placed before the court regarding the place or date of birth. The court further found significant inconsistencies in documents relating to his parentage and lineage.

“Name of the father of the detainee varies from document to document. Maternal aunty and the detainee cannot be connected by the documents places on record. Indian citizenship of the persons through whom the detainee seeks to connect as descent is also not established. Citizenship of the detainee by descent is not established,” the order read.

The court also drew an adverse inference after both the petitioner and the detainee declined to identify the burial places of the detainee’s parents after the court had indicated that DNA testing of the mortal remains could help establish the claimed relationship and citizenship.

“Since, the detainee and the writ petitioner refuse to identify the places where the mortal remains of the parents of the detainee are lying, we draw an adverse inference as against the detainee with regard to his parents being Indian citizens,” the court said.

Thereafter the court perused the documents including voter ID, PAN, Aadhaar card, and bank passbook which the petitioner claimed established the Indian citizenship of the detainee. “Voter Identity Card is not a conclusive proof with regard to Indian Citizenship… Aadhaar Card, cannot by itself be a conclusive proof of Indian citizen. So also a Permanent Account Number issued by the Income Tax Department. Opening of a Bank Account, by itself, again is not a proof of Indian citizenship,” the court said.

Holding that the petitioner and the detainee had failed to discharge the statutory burden of proof under the Immigration and Foreigners Act, 2025, the High Court declined to interfere with the detention order.