Court Dismisses Writ Petition Due to Lack of Evidence Proving Indian Citizenship
In a significant ruling on July 20, 2026, the Calcutta High Court dismissed a writ petition filed by Suman Molla, who claimed his nephew was wrongfully detained as a foreign national. The bench, comprising Justices Debangsu Basak and Ajay Kumar Gupta, upheld the detention of the alleged Bangladeshi national, emphasizing the petitioner's failure to establish his nephew's Indian citizenship.
The case revolved around the detention of the petitioner’s nephew, who was apprehended on June 18, 2026, under the Ministry of Home Affairs Circular dated May 2, 2025. This circular outlines the procedure for handling illegally staying foreign nationals, specifically targeting Bangladeshi nationals residing in India without proper documentation.
The court highlighted that the burden of proof to establish Indian citizenship lies with the detainee, as per Section 16 of the Immigration and Foreigners Act, 2025. Despite possessing documents such as a Voter ID, AADHAAR card, and PAN card, the court determined these were not conclusive evidence of citizenship. Moreover, inconsistencies in the detainee's familial ties and lack of cooperation in establishing evidence led the court to draw adverse inferences against the petitioner.
The court noted that the detainee had admitted to being a Bangladeshi national while in the detention center, though it considered this admission cautiously. Despite opportunities to submit evidence, neither the petitioner nor the detainee could provide adequate documentation to prove citizenship by birth, descent, or registration under the Citizenship Act, 1955.
Furthermore, the court remarked on contradictions in the petitioner's claims regarding his relationship with the detainee, which undermined the credibility of the petition. The petitioner claimed to be both a cousin and an uncle of the detainee, with age differences making such assertions questionable.
The judgment emphasized the importance of adhering to the procedural guidelines set by the Ministry of Home Affairs for deporting foreign nationals, noting that the circular was not challenged in the writ petition. The court concluded that the detention was in compliance with the established legal framework, leading to the dismissal of the writ petition without any order as to costs.
Bottom Line:
Citizenship - Burden of proof lies on the individual to establish Indian citizenship when authorities allege that the person is a foreign national.
Statutory provision(s): Immigration and Foreigners Act, 2025 Section 16, Citizenship Act, 1955 Sections 3, 4, and 5, Ministry of Home Affairs Circular dated May 2, 2025.
Suman Molla v. State of West Bengal, (Calcutta)(DB) : Law Finder Doc id # 2944637
