Voter Id sufficient proof of citizenship

Esplanade court of Mumbai recently acquitted two persons accused of being Bangladeshi infiltrators by the police force. The court held that voter ID card or election card is sufficient proof citizenship. Such a person has to file a declaration with the concerned authority in form 6 of representative of people act that he is a citizen of India and if the declaration is found to be false, one is liable for punishment.

Additional chief metropolitan magistrate acquitted abbas sheikh and his wife rabiya khatoon who were charge-sheeted for breach of condition enshrined in rule 3 and rule 6 of the passport (entry into India) rules, 1950 and under Para 3(1) of foreigners order, 1948 punishable under section 14 of foreigners act, 1946.

Background

The police stated that the case was taken based on secret information that some of the Bangladesh infiltrators are residing in ray road, Mumbai. It was further stated by them that the probe showed the accused persons had entered into India through unauthorized route without valid document because of poverty and starvation spread over in Bangladesh. They have no valid documents to prove citizenship.

Judgment

APP SC lingayat argued that the prosecution has established a prima facie case against the accused person and the burden of proof lies upon the accused under section 9 of the foreigners act 1946 to establish that they are Indian citizens in the manner claimed by them.

The court noted that the first accused filed his aadhaar card, PAN card, election card, passbook, health card, and ration card. The 2nd accused filed her aadhaar card, PAN card, and election card.

The court held that these documents are admissible in evidence, being documents issued by public authorities. Though aadhaar card, PAN card, driving license or ration card cannot be termed as documents proving citizenship, election card can be sufficient proof of citizenship, the court held.

Conclusion

It is pertinent to note that aadhaar card, PAN card, election card, and ration card are the documents issued by the public authority and the same can be termed as public documents. They are admissible in evidence. The birth certificate, domicile certificate, a passport can be relied upon to establish the origin of any person. Even the election card can be said to be sufficient proof of citizenship as while applying for the election card or voter card, a person has to file a declaration with the authority that he is a citizen of India. To my mind, such a declaration is sufficient to prove citizenship unless the contrary is proved by the prosecution. Recently in the context of Assam- NRC, the Guwahati high court held in their judgment that voter cards, PAN cards, bank documents, and land tax-paying receipts would not prove citizenship.

Author:

eStartIndia Team