AAD­HAR NOT VALID PROOF OF CITIZENSHIP- CAL­CUTTA HIGH COURT RANI MISTRY V. THE STATE OF WEST BEN­GAL SCC ON­LINE CAL 8283, DE­CIDED ON 30.11.2016

Libertatem Magazine - - From The Courtroom -

FACTS

The Court was con­sid­er­ing a bail plea of a per­son who was booked un­der Sec­tion 14F of the In­dian For­eign­ers Act. The per­son claimed that she is an In­dian Cit­i­zen that the is­suance of the Aad­haar card was in view of long res­i­dence of the pe­ti­tioner in the coun­try.

IS­SUES BE­FORE THE COURT

 new pass­port rules which were an­nounced by Min­is­ter of State for Ex­ter­nal Af­fairs VK Singh on De­cem­ber 23 where Aaad­har and E-aaad­har with Date of Birth will now be con­sid­ered as a valid iden­tity proof.( Aad­har not valid proof of citizenship or domi­cile; News 18/ De­cem­ber 26 2016)

 Whether a mere hold­ing of an Aad­har card grants citizenship to any per­son

HELD

The court con­tended Sec­tion 9 of the Aad­har (Tar­geted Delivery of Fi­nan­cial and other sub­si­dies, Ben­e­fits and Ser­vices) Act 2016, state that- “9. The Aad­haar num­ber or the au­then­ti­ca­tion thereof shall not, by it­self, con­fer any right of, or be proof of, citizenship or domi­cile in re­spect of an Aad­haar num­ber holder.”

Apart from this the pe­ti­tioner also placed re­liance of his claim of his citizenship on the res­i­dence cer­tifi­cate is­sued by a rep­re­sen­ta­tive of a lo­cal body. The Court also did away with this claim by hold­ing the let­ter is­sued by the rep­re­sen­ta­tive of the lo­cal body as to the res­i­dence of the pe­ti­tioner also does not, ipso facto, con­fer citizenship on the pe­ti­tioner.( High Court de­nies Aad­har as proof of citizenship/ Blog.sc­conline/dec 28, 2016)

LEARN­ING OUTCOME

New pass­port rules have been an­nounced by the Min­ster of State for Ex­ter­nal Af­fairs, where Aad­har and E-aad­har with date of birth is to be con­sid­ered as a valid iden­tity proof. Aad­har has been made com­pul­sory for var­i­ous trans­ac­tion post de­mon­e­ti­za­tion. Aad­har has been made com­pul­sory for Tiru­pati devo­tees who go to Tiru­mala hills on foot. Aad­har is now also manda­tory for pa­tients at the Out­pa­tient De­part­ment (OPD) at Civil hos­pi­tal in Gu­ru­gram. (Aad­har Card not valid proof of citizenship, rules Cal­cutta High Court;in­dia.com/ Dec26,2016) At the same time it has been made clear by the High Court of Cal­cutta that Aad­har card shall not con­fer any right of or be proof of citizenship or domi­cile thereto while re­ject­ing the claim of an ac­cused who claimed to be an In­dian cit­i­zen.

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