Calcutta HC Bench comprising Justice Bibek Chaudhari while dealing in the case of Khadija Begum under Section 14/14C of the Foreigners Act, 1946 held that Resident certificate cannot be regarded as proof of Citizenship as the Resident Certificate can easily be obtained by any person irrespective of being Indian or Foreigner if he or she is residing at any particular place. Therefore, the same cannot be regarded as proof of Citizenship.
Background of the Case
In this case, S.I. of Police, Hemnagar Coastal Police Station submitted a report on 23rd March 2021 wherein he submitted that the accused/petitioner produced a voter identity card and Aadhaar card before this Court for the first time to claim her citizenship of this Country.
He also submitted the certified copy of the order sheets of G.R. Case No.61 of 2021 wherefrom it was learned that the said documents were actually produced before the learned Magistrate who directed the Investigating Officer to conduct inquiry and submit a report with regard to the said documents. But without submitting a report the Investigating Officer submitted charge sheet in G.R.Case No.61 of 2021 which prompted the learned Magistrate to reject the application for bail of the petitioner under Section 437 of the Code of Criminal Procedure.
Submission made by the Petitioner
Learned Advocate for the petitioner submitted that in the EPIC card, the name of her husband was shown as Roshith Khan but in the F.I.R., as per the statement of the petitioner the name of her husband was recorded as Late Salam Hauladar. This discrepancy was sought to be clear from the Investigating Agency. The Investigating Agency has mentioned the discrepancy in the EPIC Card and the statement of the accused with regard to the husband's name of the petitioner.
He moreover submitted that this is merely a typographical error and it can be rectified at any point in time. However, the petitioner is a resident of Bangalore. A rent agreement was executed between the petitioner and her landlord in Bangalore. Local Tahsildar issued a residential certificate in the name of the petitioner.
Learned Advocate for the petitioner prayed for further for an enquiry into the matter by Investigating Officer and a report.
Order of the Court
Cout in the present matter stated that,
“It is needless to say that residential certificate may be obtained by any resident, he may be an Indian National or Foreign National, if he stays at a particular place. Residential certificate is not a proof of citizenship. I have already recorded that the Advocate for the petitioner has prayed for further enquiry with regard to the name of the husband of the petitioner. ”
The Court rejected the Prayer for Bail and said that the petitioner is at liberty to make such prayer before the learned Trial Court during the trial of the case and in such event, the learned Trial Court will cause enquiry during the trial on the basis of the evidence on record.
Case Detail
Case Title: Khadija Begam CRM/2717/2021
Bench: Justice Bibek Chaudhari
Picture Source :
