The Karnataka High Court on Thursday questioned the Union government's objection to a voter identity card issued by the Election Commission of India (ECI), observing that documents issued through an official verification process cannot be casually doubted. The court made the remarks while hearing a petition filed by a West Bengal resident challenging proceedings initiated against him on suspicion of being an illegal immigrant.
Background of the Case
The petitioner, Rafikul Biswas, a 32-year-old school bus driver from West Bengal's Nadia district, was arrested by the Bengaluru police in September 2025 on suspicion of being a Bangladeshi national.
During the hearing, advocate Clifton D’Rozario relied on a voter identity card issued on June 24, an official voter information slip, and the 2026 West Bengal Assembly electoral roll to support the petitioner's claim of Indian citizenship.
The Central government, represented by counsel Aditya Singh on behalf of the Foreigners Regional Registration Office (FRRO), disputed the fresh voter card. It argued that the petitioner's earlier voter card reflected a different birth year and sought details from the Election Commission regarding the documents relied upon for the correction.
The bench stressed that official documents issued after the Election Commission's Special Intensive Revision (SIR) exercise carry legal significance.
"The government and the courts are bound by an official voter identity card issued through the Special Intensive Revision process," the bench observed. It further remarked that if the Centre continued questioning such documents, it would effectively have to contend that the entire verification exercise conducted by the Election Commission was flawed.
The court also noted the petitioner's submission that the SIR exercise had already involved extensive scrutiny and verification before the voter card was issued.
The petitioner informed the court that he suffered two heart attacks while in custody and was later released on medical grounds. He has sought the cancellation of the FRRO detention order.
The High Court directed the Election Commission's counsel to confirm within one week whether the voter identity card was officially issued to the petitioner. The matter has been listed for further hearing on July 31, while the State of West Bengal has been granted time to place additional records on file.
