Calcutta High Court (Appellete Side)Nargis Akter & Anr vs Unknown on 6 May, 2022Author:Bibek ChaudhuriBench:Bibek Chaudhuri06.05.2022Sl. No. 02Srimanta\n Ct.No.42\n\n                                       CRM (SB)/62/2022\n\n                                    (Via Video Conference)\n\n              In Re : An application underSection 439of the Code of Criminal\n              Procedure, 1973 in connection with Swarupnagar Police Station Case\n              No. 241/2022 dated 17.03.2022 underSection 14/14Cof the\n              Foreigners Act, 1946.In the matter of : Nargis Akter & Anr....Petitioners.Mr. Ali Ahsan Alamgir, Adv.,\n              Mr. A. Haque Molla, Adv.,\n              Ms. Riya Das, Adv,\n              Ms. Rabia Khatoon, Adv....for the petitioners.Md. Anwar Hossain, Adv.,\n              Ms. Sreyashee Biswas, Adv....for the State.The Learned Advocate for the State/opposite party has filed a\n              report of the Investigating Officer as per order dated 4 th May, 2022\n              and the same be kept with the record.It is found from the report that the Aadhar Card and PAN Card\n              of the petitioners were verified through the official portals and the\n              said documents were found to be genuine.       However, the Learned\n              Public Prosecutor-in-Charge has raised objection against the prayer\n              for bail of the petitioners on the ground that from the report\n              submitted by the local Councillor as well as Panchayat Pradhan it\n              appears that the petitioners never resided in the address given in the\n              Voters Identity Card and the Aadhar Card. Moreover, it has not been\n              explained by the petitioners as to why two different addresses were\n              given in the aforesaid two documents. The local Councillor and the\n              local Panchayat Pradhan clearly stated in their report that the\n              petitioners do not reside in the addresses given in their Voter Card2and/or Aadhar Card.      It is also submitted by the Learned Public\nProsecutor-in-Charge that the Investigating Officer conducted a spot\nenquiry but nobody was found in the given address of the petitioners\nto ascertain as to whether they used to reside in the said address or\nnot.Having heard the Learned Advocates for the parties this Court\nis of the view that the questions as regards of the citizenship of this\nCountry cannot be raised on the ground of the petitioners'\nresidence.    The petitioners may not reside in the given address in\nVoters Identification Card or Aadhar Card.      There may not be any\nfamily member of the petitioners residing in the said address. But\nprima facie absence from the residential address does not prove that\nthey are not the citizens of India. Needless to say that the Indian\ncitizenship   is   governed   by   the   provisions   contained   in   the\nConstitution of India as to the citizenship and theCitizenship\nAmendment Act, 2019. No Tribunal has been set up in this country\nfor ascertaining citizenship of a particular person. The enquiry as to\nwhether a person is a citizen of this Country or not is under halt due\nto political differences and different stand taken by the political\nexecutives over this matter.The judiciary cannot help it but to act upon the documents\nwhich are generally issued to the citizens of this Country to\nascertain as to whether a person is a citizen of this Country or not.\nConsidering such documents, viz., Epic Card, Aadhar Card, PAN\nCard etc. the Court, prima facie, finds that the petitioners have\nbeen able to prove their citizenship and accordingly they are\nentitled to bail. The petitioner may find bail of Rs.10,000/- (Rupees\nTen Thousand) with one surety each to the satisfaction of the\nLearned Additional Chief Judicial Magistrate, Basirhat with further\ncondition that if on bail they shall attend the Officer-in-Charge of\nSwarupnagar Police Station once in a month till the date of\nsubmission of charge-sheet.3It is made clear that the observation made by this Court with\nregard to the citizenship of the petitioners is absolutely tentative\nand for the purpose of consideration of their application for bail.\nThe Learned Trial Judge shall not be influenced or swayed over any\nof the findings in this regard made by this Court at the time of trial.Personal appearance of the Investigating Officer be waived.( Bibek Chaudhuri, J. )