Fatema Bibi Citizenship
The Calcutta High Court has sharply criticised the Union Ministry of Home Affairs after learning that two files related to a citizenship application filed by 60-year-old Fatema Bibi could not be traced.
During the hearing on Saturday, Justice Krishna Rao raised serious concerns over the administrative lapse and posed a striking question: If Fatema Bibi ultimately proves that she is an Indian citizen, who will compensate her—India or Pakistan?
According to the petition, Fatema Bibi was born in Haripal in West Bengal’s Hooghly district in 1965 to Indian parents who owned land and possessed official government records in India.
She travelled to Pakistan with her father at the age of three and lived there for around 13 years before permanently returning to India in 1981.
In 1982, she married Mojaffar Mallik and has since been residing in Hooghly. The couple has two daughters, both Indian citizens by birth.
In 2003, Fatema applied for Indian citizenship before the Ministry of Home Affairs, submitting identity documents, affidavits, marriage records and family documents. However, despite the passage of more than two decades, no final decision has been taken on her application.
During the hearing, the court was informed that two official files linked to her application—bearing docket numbers from 2002 and 2005—could not be located.
Justice Krishna Rao questioned how such sensitive records could disappear while the petitioner allegedly suffered imprisonment after being treated as a Pakistani national.
The judge observed that authorities must first make every effort to trace the missing files before proceeding further.
The High Court described the issue as far more than a routine administrative lapse.
Justice Rao observed that if Fatema Bibi successfully establishes her Indian citizenship, the issue of compensation would inevitably arise.
The court asked a significant legal question: Which government would bear responsibility for compensating her—India or Pakistan?
The Ministry of Home Affairs has now been directed to submit a detailed report explaining the disappearance of the files.
The next hearing in the matter has been scheduled for August 17.
The petition also notes that in 2008, the West Bengal government recommended an extension of Fatema’s stay in India to the Union government, yet her citizenship application continued to remain pending.
The case is expected to have wider implications for citizenship litigation and administrative accountability in India.
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