‘Forged documents’ case: Police can’t decide citizenship, says High Cour

Soumyadip Mullick, MP, 13 Nov 2024, Kolkata: In a case where a house owner alleged police inaction despite being informed that her tenant is a Bangladeshi citizen with forged documents who is allegedly investing unaccounted money in real estate in Kolkata, 

Calcutta High Court said that police have no authority to decide citizenship of a person until and unless there are specific complaints from statutory authorities responsible for such determination. 

The bench of Justice Tirthankar Ghosh was moved by a petitioner, a septuagenarian widow, alleging that her tenant is a “Bangladeshi infiltrator” with false identity. 

Petitioner stated that the Kolkata Police Commissioner had passed an order under Section 141 CrPC that no landlord/owner/person of house property within Kolkata Police jurisdiction shall let/sublet/rent any accommodation to any person unless and until he/she has furnished particulars of the said tenant. 

The petitioner alleged that the records show the tenant’s PAN card and Aadhaar were made in 2015 and his whereabouts before that particular time was not known to anybody. 

It was alleged that he acquired several properties at North and East Kolkata while the source of income for such a huge investment is unknown. 

The petitioner said her tenant bought a property at Narkeldanga and changed it to a Bangladeshi guest house. 

It was alleged that “persons of doubtful nature put their lot at that guest house..” while “obnoxious activities are going around the petitioner’s vicinity all the time..” 

The tenant was accused of forcefully occupying some of the portions of the petitioner’s premises and putting every door under lock and key. 

On the part of inaction by the police, Justice Ghosh observed that police have no authority to decide citizenship of a person. 

“There is a Supreme Court judgement in the Foreigners Act case that if a person has a valid EPIC (voter ID) card police can’t call him a foreigner,” the judge said, adding that the state cannot decide citizenship since it is decided by statutory authorities formed under Central statutes. 

The court directed the petitioner to approach the statutory authorities responsible for issuing EPIC cards. 

https://www.millenniumpost.in/bengal/hill-development-boards-to-be-reconstituted-586674?infinitescroll=1