Residential Certificate Not A Proof Of Citizenship: Calcutta High Court

The Calcutta High Court has recently observed that residential certificate is not a proof of citizenship as the same can be obtained by any resident, being an Indian National or a foreigner, if such a person is staying at a particular place.

The said observation came from a single judge bench comprising of Justice Bibek Chaudhari while rejecting the bail application of one Khadija Begam in connection with a case registered against her in January this year under sec. 14 and 14C of the Foreigners Act.

Sec. 14 of the Act provides for the penalty for contravention of the provisions of the Act in cases where a person remains in India for a period exceeding the period for which visa was issued to him or if any act violating the conditions of the valid visa is done. On the other hand, sec. 14C of the Act provides for the penalty for abetting any offence punishable under sec. 14, 14A or 14B of the Act.

A report was submitted by the S.I. of Police dated 23rd March 2021 wherein it was stated that Khadija had produced two documents i.e. Aadhar Card and Voter ID, before the High Court for the first time, in order to claim her Indian citizenship.

However, it was the case of the petitioner that as per the documents produced by the S.I., it can be seen that the documents were produced earlier before the Magistrate wherein the said Magistrate had directed the Investigating Officer to conduct an enquiry for submitting a report regarding her documents.

Moreover, it was also submitted by the petitioner that without the IO submitting the said report, a chargesheet was filed in the case after which the Magistrate rejected her bail application under sec. 437 of CrPC.

Arguing that the petitioner was a resident of Bangalore, a rent agreement was relied upon by her which was executed between her and the landlord. A Local Tahsildar had issued a residential certificate in her name.

Going to the facts of the case, the High Court observed thus:

"It is needless to say that residential certificate may be obtained by any resident, he may be an Indian National or Foreign National, if he stays at a particular place. Residential certificate is not a proof of citizenship."

Making the aforesaid observation, the Court rejected her bail application, however, liberty was granted to her for making such prayer before the Trial Court during the course of the trial.

Similar observations as regards to the proof of citizenship has been made by Gauhati High Court last year wherein it was held that land revenue receipts, PAN Card, Bank Documents do not prove citizenship. Similarly, the same High Court has also observed that school certificate, electoral photo ID card are not a conclusive proof of citizenship and cannot be considered while assessing whether a person is a foreigner under the Assam Accord of 1985.

Read Also: Which Documents Prove Indian Citizenship?

Title: In the matter of : Khadija Begam CRM/2717/2021

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