Hearing the case of a man detained on suspicion of being a Bangladeshi national, the court directed the petitioner to produce documentary evidence of citizenship by July 20.
BY PC Bureau
July 17: In a significant ruling on the question of citizenship, the Calcutta High Court has held that ownership of land or property cannot be treated as proof of Indian citizenship, observing that even foreign nationals are legally permitted to purchase immovable property in India.
The observation came while hearing a petition concerning Nasir Mollah, who was detained in West Bengal in June on suspicion of being a Bangladeshi national.
Rejecting the petitioner’s reliance on land records, the court said, “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.”
Mollah, who is currently lodged in a detention centre, had the petition filed on his behalf by a relative. His counsel argued that he is an Indian citizen, while the West Bengal government informed the court that Mollah had admitted to being a foreign national.
During the hearing, the bench sought documentary evidence to establish Mollah’s citizenship. The petitioner’s lawyer conceded that no conclusive proof had been annexed to the petition apart from land records.
The court observed that “land records, which the petitioner refers to again, are not a document of proof of Indian citizenship.”
Granting one final opportunity, the bench directed the petitioner to file an affidavit by July 20 enclosing any documentary evidence that may establish Mollah’s Indian citizenship.
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The ruling comes at a time when the legal standards for establishing Indian citizenship are under increasing public scrutiny. It follows the Central Government’s recent clarification that a passport, by itself, is not conclusive proof of Indian citizenship—a position that echoes a 2013 Bombay High Court judgment, which held that passports may, in certain circumstances, be issued to non-citizens under the law.
The case has also attracted political attention in West Bengal, where the BJP has advocated measures similar to Assam’s National Register of Citizens (NRC), along with proposals for legislation against alleged “land jihad” and “love jihad”, anti-conversion laws, and implementation of a Uniform Civil Code.
