Nasir Mollah's relative filed the petition on his behalf after he was detained and lodged in a detention home. During the hearing, Mollah's counsel argued that the detainee is an Indian citizen. However, the State contended that Mollah had confessed to being a foreign national.
Seeking clarity on the claim, the Calcutta High Court directed the petitioner to produce documents establishing the detainee's Indian citizenship. In its two-page order, the court recorded that the petitioner's counsel admitted that none of the documents annexed to the writ petition conclusively proved Mollah's Indian citizenship except land records.
Rejecting that contention, the court observed that land records cannot be accepted as evidence of citizenship. Elaborating on its reasoning, the court stated that a foreign national is legally permitted to purchase immovable property in India and that such ownership does not automatically confer Indian citizenship. The court observed, "A foreign national can buy a property in India. Merely because a foreign national buys an immovable property in India ipso facto does not make such purchaser an Indian citizen."
The High Court has granted the petitioner another opportunity to submit documents proving Mollah's Indian citizenship. The matter will be taken up again on July 20, and the petitioner has been directed to disclose, through an affidavit, any document that establishes the detainee's citizenship.
The issue of documentary proof of citizenship has also been reflected in earlier judicial observations. According to the sources, certain documents can technically be issued to non-citizens as well. In a 2013 judgment, the Bombay High Court made a similar observation and held that because the law permits passports to be issued to non-citizens under certain circumstances, mere possession of a passport cannot be regarded as conclusive or definitive proof of Indian citizenship.
The developments come amid renewed political debate over citizenship and illegal immigration in West Bengal. Last month, West Bengal Chief Minister Suvendu Adhikari indicated that an Assam-like National Register of Citizens could be introduced in the state. He stated, "Give us some time. A strict law against land encroachment motivated by demographic change, fraudulent interfaith relationships, and forced religious conversion, along with a Uniform Civil Code, will be introduced in West Bengal."
The Calcutta High Court's observations reinforce the legal distinction between property ownership and citizenship, underscoring that documentary evidence specifically establishing nationality remains essential in disputes involving claims of Indian citizenship.
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