The Calcutta High Court has observed that land records cannot be treated as proof of Indian citizenship while hearing a petition concerning Nasir Mollah, who was detained in West Bengal in June over allegations of being a Bangladeshi national residing illegally in India. The court said that ownership of property in India does not automatically establish citizenship, as foreign nationals can also legally acquire immovable property under certain circumstances.
In its order, the court stated that merely purchasing property in India does not make a foreign national an Indian citizen. The observation came after Mollah's relative approached the court seeking relief on his behalf, claiming that he was an Indian citizen. Mollah is currently lodged in a detention home, while the state authorities argued that he had allegedly admitted to being a foreigner.
During the hearing, the court asked the petitioner to provide documents that could conclusively establish Mollah's Indian citizenship. The petitioner's lawyer informed the court that no documents attached to the plea directly proved citizenship, except for land records. The court clarified that property ownership documents only establish possession or ownership rights and cannot serve as evidence of nationality.
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The High Court has granted the petitioner another opportunity to submit relevant documents supporting Mollah's citizenship claim. The court directed that any such documents should be presented through an affidavit by July 20. The matter highlights the legal distinction between property rights and citizenship status, which must be established through documents recognised under citizenship laws.
The court's observation comes amid a broader debate over documents considered proof of citizenship. Recently, the central government clarified that passports are not conclusive proof of Indian citizenship, stating that such documents may, in certain circumstances, be issued to non-citizens as well. The Bombay High Court had also made a similar observation in a 2013 judgment, noting that possession of a passport alone cannot be considered definitive evidence of citizenship.
The issue has gained further political attention in West Bengal, where discussions around citizenship verification have intensified. State BJP leader Suvendu Adhikari has indicated that an Assam-style National Register of Citizens (NRC) exercise could be considered in the state. The debate continues around documentation, citizenship verification procedures, and the legal standards required to establish nationality.
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