Calcutta High Court stays discontinuation of PDS benefits to woman over SIR deletion

The Calcutta High Court on Thursday (July 30, 2026) stayed the discontinuation of ration benefits to a petitioner after her name was deleted from the electoral roll in West Bengal during the Special Intensive Revision (SIR) exercise earlier this year.

Justice Hiranmay Bhattacharyya directed that the West Bengal government shall not take any coercive steps against the petitioner with regard to her monthly ration entitlement without the permission of the court.

Umme Salma, a resident of Cooch Behar district, had challenged an order issued by the Special Secretary to the Food and Supplies Department on June 4, 2026 to launch a drive to “weed out ineligible and ghost beneficiaries” based on the outcome of the SIR exercise. Ms. Salma’s local fair price shop dealer had informed her that her entitlement was likely to be discontinued unless she could show proof of an appeal concerning her electoral status.

Justice Bhattacharyya in his order dated July 28 observed that the larger issue that “arises for consideration is whether deletion of name from the electoral roll could have been a ground for denying supply of necessities through the public distribution system. The other issue would be whether such supply can be stopped during the pendency of an application under Form 6”.

The June 4 order of the department was titled “Verification and deletion of ineligible PDS beneficiaries based on the outcome of Special Intensive Revision (SIR), 2026 of electoral rolls conducted in West Bengal.” A similar notification for the Annapurna Bhandar monthly aid scheme for women was also issued, stating that only those who have applied for adjudication after their names were deleted from the electoral rolls can avail the benefits of the scheme.

Over 90 lakh names were deleted during the SIR process in West Bengal before 2026 Assembly election. The Supreme Court has reiterated its position that exclusion from the electoral rolls cannot have consequences unrelated to voting.

Aadhaar, PAN, voter ID not citizenship proofs, says HC

In another case, a Division Bench of the Calcutta High Court held recently that voter ID, Aadhaar and PAN cards are not conclusive proof of Indian citizenship. The observation came while the court was hearing a habeas corpus petition filed by Suman Molla, whose nephew Nasir (46) had been placed in a detention camp since June 18, 2026 after his name was deleted from the electoral rolls during the SIR exercise, even though an appeal against the deletion was pending.

The Division Bench of Justice Debangsu Basak and Justice Ajay Kumar Gupta also dismissed the petition. “Writ petitioner and the detainee fail to prove the Indian citizenship of the detainee. Writ petitioner and the detainee are unable to discharge the burden of proof as mandated by the Immigration and Foreigners Act, 2025,” the court said in its order.

The court observed that the voter ID card was not a conclusive proof with regard to Indian citizenship. It was evidence of enrolment of the detainee in the electoral roll. The court also held that Aadhaar and PAN cards were also not liable to prove his Indian citizenship conclusively.

The court said the Record of Rights of the great-grandfather and the grandfather of the detainee were annexed to the writ petition. However, these do not establish conclusively the Indian citizenship of the detainee.

“Name of the father of the detainee varies from document to document. Maternal aunty and the detainee cannot be connected by the documents placed on record. Indian citizenship of the persons through whom the detainee seeks to connect as descent is also not established. Citizenship of the detainee by descent is not established,” the order read. The court also expressed discontent over the petitioner failing to disclose the places where the mortal remains of the parents of the detainee could be found.