Karnataka High Court Rebukes Union Government Over ECI Voter Card Challenge In Migration Case

The Karnataka High Court on Thursday reprimanded the Union government for questioning an Election Commission of India voter identity card issued following a major electoral roll revision, emphasizing that official state verification processes must be respected.

Presiding over the matter, Justice Suraj Govindaraj stated that the government and the judiciary are bound by official voter identity cards issued through the Special Intensive Revision process. The court cautioned the Central government against repeatedly alleging flaws in official electoral updates unless it is prepared to formally state on record that the entire verification drive was faulty.

Court Warns Centre Against Undermining SIR Process

The judicial observations were made during the hearing of a petition filed by Rafikul Biswas, a 32-year-old school bus driver hailing from the Nadia district of West Bengal. Biswas was arrested by the Bengaluru police in September 2025 on suspicion of being an illegal immigrant from Bangladesh.

Appearing for Biswas, advocate Clifton D’Rozario presented recent documentation to establish his client’s citizenship, including an Election Commission of India (ECI) voter card issued on June 24, an official voter information slip, and the 2026 West Bengal Assembly electoral roll.

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The bench directed counsel for the Election Commission to clarify within one week whether the poll body had indeed issued the disputed voter card to the petitioner. The court stated that if the document was genuinely issued by the commission, all parties are legally bound by it. The matter has been scheduled for its next hearing on July 31, with the court also allowing the West Bengal state counsel time to submit any pending pleadings or records.

Dispute Over Birth Year Discrepancy

Representing the Foreigners Regional Registration Office (FRRO), Central government counsel Aditya Singh challenged the validity of the newly submitted voter card. Singh argued that conflicting records exist for the petitioner under the same voter identification number, noting that an earlier card produced by Biswas listed his birth year as 1986, whereas the newly issued card lists it as 1994. The Union counsel asked the court to direct the ECI to disclose the underlying documentation used to justify the age modification.

In response, D’Rozario argued that the authorities had already conducted extensive background checks on both Biswas and his parents. He noted that the Special Intensive Revision had already removed 34 lakh names from the rolls due to record discrepancies, asserting that his client should not be subjected to an indefinite investigation after passing the intensive verification process.

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Health Crisis And Detention Background

Biswas was initially taken into custody in late 2025, but his detention was interrupted by severe medical complications. Shortly after his arrest, he suffered a heart attack while in custody and required hospitalization. Following a second cardiac event on December 19, authorities released him on medical grounds.

Biswas subsequently approached the High Court seeking the formal cancellation of the FRRO detention order and permanent immunity from further custody.

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