Guwahati : Important decision Guwahati that PAN card and voter ID card are not enough to prove Indian citizenship High Court is given The court made this statement while dismissing a petition challenging an order declaring a resident of Assam as a foreigner.
In its judgment, a bench of Justices Kalyan Rai Surana and Justice Shamima Jahan said that old information of NRC cannot be relied upon. The law does not allow electronic records to be admitted as evidence. The NRC was completed in 2019, but has not been notified yet. It was considered an important document to determine who was a genuine Indian citizen and who was an illegal immigrant.
Meanwhile, the case pertains to a petition filed by Aminul Haque challenging the order dated 28 February 2019 of the Aliens Tribunal, Guwahati, declaring him a foreigner.
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In this case, first before a foreign tribunal and then before the High Court, Haque claimed that his family had been living in Assam for generations. In support of his claim, he submitted NRC transcript of 1951, electoral rolls from 1966, land purchase deed of 1973, his PAN card, EPIC, school certificate and other family documents.
Requirement of valid evidence
The High Court opined that minor errors in ancestral names would not be sufficient to deny a claim to citizenship. However, the onus was on the petitioner to prove a credible and continuous relationship with the ancestors and to ensure that there is valid proof of their presence in India before the prescribed deadline. The bench said, it is common ground that PAN card and EPIC are not proof of citizenship.
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