PAN, voter card not citizenship proof: High Court declares man a foreigner despite 15 documents

In a significant ruling, the Gauhati High Court has declared a resident of Guwahati a foreigner, despite his submission of 15 documents intended to prove his Indian nationality. The documents included records from the National Register of Citizens (NRC), electoral rolls, land papers, a PAN card, and a voter ID card.

The court's decision hinged on Section 9 of the Foreigners Act, which places the burden of proof on the individual to demonstrate they are not a foreigner. The bench found that the petitioner, Aminul Hoque, failed to meet this legal threshold. While Hoque claimed Indian citizenship by birth and presented evidence of his family's presence in Assam before the crucial 1971 cut-off date, the court deemed the submitted materials insufficient.

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Though the petitioner had exhibited 15 (fifteen) documents as exhibits, the same does not appear to help the petitioner to establish that he has been able to discharge his burden as required under Section 9 of the Foreigners Act, 1964 to prove that he is not a foreigner but an Indian Citizen.

The High Court specifically noted that documents like PAN cards and EPIC (voter ID) are not considered conclusive proof of citizenship. Furthermore, computer-generated NRC extracts were not adequately proven as required for electronic records. The court also pointed to gaps in the documentation, including unexplained spelling variations, discrepancies in family details and addresses, and a lack of independent evidence to support claims of displacement due to river erosion.

Oral testimony from Hoque's father, identifying him as his son, was also deemed insufficient without supporting documentary evidence. The court upheld a 2019 Foreigners Tribunal order that had initially declared Hoque a foreigner, emphasizing the stringent requirements for proving citizenship in such cases.

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It is well settled that PAN Card and EPIC are not proof of citizenship.