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Land Revenue Receipts, PAN Card & Bank Docs Do Not Prove Citizenship : Gauhati HC [Read Judgment]

LIVELAW NEWS NETWORK
17 Feb 2020 2:11 AM GMT
Land Revenue Receipts, PAN Card & Bank Docs Do Not Prove Citizenship : Gauhati HC [Read Judgment]
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The Gauhati High Court has observed that land revenue paying receipts do not prove citizenship of a person.

Also, following a previous judgment, the Court observed that PAN Card and Bank Documents do not prove citizenship

A division bench of Justices Maojit Bhuyan and Parthivjyoti Saikia made these observations while dismissing a writ petition filed by one Jabeda Begum against the order passed by Foreigner Tribunal, Baksa, which declared that she was a foreigner post 1971 stream.

On the basis of a reference made by the Superintendent of Police (B), the Foreigners Tribunal, Baksa, Tamulpur, Assam, had issued notice to the petitioner asking her to prove her Indian citizenship. 

Before the Tribunal, she stated that the names of her parents appeared in the Voter List of 1966. She claimed that even the names of her grandparents had appeared in the Voter List of 1966. The petitioner further stated that her father's name appeared in the Voter lists of 1970 & 1997 also.

Electoral Photo Identity Card Not A Proof Of Citizenship: Gauhati HC [Read Judgment]

The Tribunal found that the petitioner could not produce any document showing linkage with her projected parents. The HC agreed with these findings of the Tribunal.

The petitioner's reliance on PAN cards and bank documents was rejected by the HC observing :

"This Court in Md. Babul Islam Vs. Union of India [WP(C)/3547/2016], has already held that PAN Card and Bank documents are not proof of citizenship".

It was also found that the petitioner could not produce documents showing linkage with her projected brother, whose name had appeared in the 2015 voters list.

Certificates issued by a Village Gaon Bura can never be the proof of citizenship of a person, the Court added.

Land Revenue Paying Receipts do not prove a citizenship of a person, the bench further said.

On these findings, the HC dismissed the writ petition observing :

"We find that the Tribunal has correctly appreciated the evidences placed before it and we could find any perversity in the decision of the Tribunal.

That being the position, we would reiterate that the petitioner failed to prove her linkage with her projected parents and her projected brother. Therefore, we find that this writ petition is devoid of merit and accordingly, we dismiss the same.  Tribunal has correctly appreciated the evidences placed before it and we could find any perversity in the decision of the Tribunal".

The same bench in another case had held that electoral photo identity card was not proof of citizenship.

Click here to download judgment

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