PAN Card and Voter ID Not Sufficient to Prove Citizenship: Gauhati High Court

The Gauhati High Court, in a significant judgment, has clarified that merely possessing a Permanent Account Number (PAN) card and an Electoral Photo Identity Card (EPIC) does not prove a person's Indian citizenship. According to a News18 report, the court ruled that such identity documents do not hold value as decisive evidence unless they are supported by primary foundational records.

The court observed that these types of identity cards are often issued based on an individual's self-declaration without formal verification. Therefore, merely holding government identity documents does not automatically protect a person from proceedings under the Foreigners Act. This verdict came while dismissing a writ petition challenging an order by the Foreigners Tribunal that had declared a person a foreigner.

In this case, the petitioner had presented several documents, including a PAN card, Voter ID, and references from the electoral roll. However, the court found that these documents failed to establish a documentary and continuous ancestral link with Indian ancestors. The judges noted that a PAN card is primarily a tax-related document generated through self-declaration. If a person makes a claim in court based on this, they must produce the foundational records of the Income Tax Department.

Speaking on computer-generated legacy data, the court stated that electronic extracts, including data from the National Register of Citizens (NRC), have no evidentiary value unless accompanied by mandatory certificates proving their authenticity. The bench clarified that digital printouts without verification cannot serve as legal evidence of lineage.

Furthermore, the court clarified that oral testimony provided by family members is legally insufficient to establish relationships with ancestors if it is not supported by verifiable documentary evidence. Under Section 9 of the Foreigners Act, 1946, the legal burden of proving Indian citizenship lies not with the state, but with the person claiming citizenship.

The Gauhati High Court emphasised that individuals must provide primary linkage evidence to satisfy the legal requirements of Indian nationality. This includes verified land records, registered birth certificates, or certified historical registers. Vacating the interim relief previously granted to the petitioner, the High Court reiterated that procedural identity documents cannot replace the strict legal requirements for proving ancestral connection.