A Guwahati resident reportedly failed to prove his citizenship despite submitting 15 documents, including National Register of Citizens records, electoral rolls, land papers, PAN card and voter ID card.
The Guwahati High Court said Aminul Haq had not shouldered the legal burden of proving his citizenship under Section 9 of the Foreigners Act, which requires a person to prove that he is not a foreigner.
A division bench of Justice Kalyan Rai Surana and Justice Shamima Jahan dismissed his plea. He had appealed the 2019 Aliens Tribunal order declaring him a foreigner.
Haque said he was an Indian citizen by birth and submitted documents proving his family’s presence in Assam before the deadline of March 24, 1971, according to the outlet.
These included extracts from the 1951 NRC, electoral rolls from 1966 onwards, 1973 land sale deed, PAN card, voter ID card and school records. After reviewing the records, the Supreme Court said that Haq failed to prove that he was an Indian citizen.
“Though the petitioner has produced 15 (fifteen) documents as exhibits, it does not appear to help the petitioner to prove that he was able to fulfill his burden as required under Section 9 of the Foreigners Act, 1964 to prove that he is not an alien but a citizen of India,” the court observed, according to the Bar and Bench.
Al-Haq’s father also appeared in court and identified him as his son. The court held that oral testimony alone, without admissible and relevant documentary evidence supporting the relationship, was not sufficient to prove the relationship between the two, ET reported.
PAN, voter ID is not proof of citizenship: HC
The Supreme Court said that government-issued identity documents alone cannot prove a person’s nationality.
“It is well established that PAN and EPIC card are not proof of citizenship,” the court said.
The court also declined to rely the right on computer-generated extracts from the 1951 NRC, saying they had not been substantiated as required under the Electronic Records Act.
The court found gaps in the documents
The Supreme Court said that Al-Haq failed to prove a documented connection between him and the grandparents he claimed to be.
The man explained that clerical errors caused spelling differences in the records of his parents and grandparents. He also said that his family had to move between villages because the Brahmaputra River eroded their land, which is why their names appeared in voter lists in different districts.
The court indicated that it did not care about simple spelling errors. It ruled that the man failed to prove that the families listed in the different villages were in fact the same family.
The court also noted that the records contained unexplained discrepancies in ages, family details and addresses. The Humanitarian Coordinator said the man had not provided independent documentation to support his claim that the family had moved due to river erosion.
The court order was upheld
The Supreme Court found no reason to interfere with the decision of the Aliens Court and rejected the petition. This allowed the 2019 court order to stand.
The ruling came days after the Ministry of External Affairs declared that the Indian passport is merely a travel document and not final proof of citizenship.
