The court made the observation while dismissing a habeas corpus plea claiming illegal detention of a man. (Image generated using AI)Documents such as an Aadhaar card, PAN card, voter identity card, bank passbook and ancestral land records are not conclusive proof of Indian citizenship, the Calcutta High Court has held while refusing to interfere with the detention of a man alleged to be a Bangladeshi national.A bench of Justice Debangsu Basak and Justice Ajay Kumar Gupta dismissed a habeas corpus petition filed by a man who claimed to be the uncle of the detainee and alleged that his nephew had been wrongfully detained since June 18, 2026.“Writ petitioner and the detainee fail to prove the Indian citizenship of the detainee. Writ petitioner and the detainee are unable to discharge the burden of proof as mandated by the Immigration and Foreigners Act, 2025,” the court said in its order.According to the petitioner, the detainee’s name had initially been marked as “under adjudication” during the 2026 Special Intensive Review (SIR) of electoral rolls before being deleted from the voters’ list. He argued that an appeal against the deletion was pending and that the detainee had not been granted a hearing before action was taken against him. The petitioner relied on documents including land records, voter identity documents and bank records.The court noted that detainee’s citizenship by birth was not established as adequate proof was not placed before the court regarding the place or date of birth. The court further found significant inconsistencies in documents relating to his parentage and lineage.“Name of the father of the detainee varies from document to document. Maternal aunty and the detainee cannot be connected by the documents places on record. Indian citizenship of the persons through whom the detainee seeks to connect as descent is also not established. Citizenship of the detainee by descent is not established,” the order read.The court also drew an adverse inference after both the petitioner and the detainee declined to identify the burial places of the detainee’s parents after the court had indicated that DNA testing of the mortal remains could help establish the claimed relationship and citizenship.Story continues below this ad“Since, the detainee and the writ petitioner refuse to identify the places where the mortal remains of the parents of the detainee are lying, we draw an adverse inference as against the detainee with regard to his parents being Indian citizens,” the court said. Ashish Shaji is a Senior Sub-Editor at The Indian Express, where he specializes in legal journalism. Combining a formal education in law with years of editorial experience, Ashish provides authoritative coverage and nuanced analysis of court developments and landmark judicial decisions for a national audience. Expertise Legal Core Competency: Ashish is a law graduate (BA LLB) from IME Law College, CCSU. This academic foundation allows him to move beyond surface-level reporting, offering readers a deep-dive into the technicalities of statutes, case law, and legal precedents. Specialized Legal Reporting: His work at The Indian Express focuses on translating the often-dense proceedings of India's top courts into clear, actionable news. His expertise includes: Judicial Analysis: Breaking down complex orders from the Supreme Court and various High Courts. Legal Developments: Monitoring legislative changes and their practical implications for the public and the legal fraternity. Industry Experience: With over 5 years in the field, Ashish has contributed to several niche legal and professional platforms, honing his ability to communicate complex information. His previous experience includes: Lawsikho: Gaining insights into legal education and practical law. Verdictum: Focusing on high-quality legal news and court updates. Enterslice: Working at the intersection of legal, financial, and advisory services. ... Read More Tags:Calcutta High Court