Mumbai> In a major decision, the Bombay High Court said that just having documents like Aadhaar Card, PAN Card, and Voter ID Card does not make someone an Indian citizen. It said that the Citizenship Act has specific rules that need to be followed. This was said by Justice Amit Borkar, who rejected the bail request of Babu Abdul Rauf Sardar, who is believed to be from Bangladesh.
He entered India illegally around 2013 and settled in Thane, near Mumbai.According to police, Sardar obtained Aadhaar Card, PAN Card, Voter ID Card, Income Tax records, and gas and electricity connections using false documents. The court said that the Citizenship Act of 1955 defines who can become a citizen. It clarified that documents like Aadhaar Card, PAN Card, and Voter ID are only for identification and to access services, not for citizenship.
Justice Borkar explained that in 1955, the Parliament set up the Citizenship Act to create a clear system for becoming a citizen. It clearly separates legal citizens from illegal migrants. He said the Citizenship Act of 1955 is the main law for deciding nationality issues in India today. It tells who can be a citizen, how citizenship can be acquired, and when it can be lost.
Sardar is accused of staying in India for over a decade using fake documents. He entered India without a valid passport or travel papers and later obtained fake Indian documents, including Aadhaar Card, PAN Card, Voter ID, and an Indian passport.Justice Borkar added that the Constitution gave clarity on who was a citizen at the start of the Republic and allowed the elected Parliament to create laws on citizenship.
The court said that just having documents like Aadhaar Card, PAN Card, or Voter ID doesn’t make someone an Indian citizen. These documents are for identification or services, not for citizenship. People who are not legal residents can’t obtain citizenship through most of the routes in the Citizenship Act.The court also said that this distinction is important because it protects the country’s sovereignty and ensures that only legal citizens receive benefits and rights.
The court denied bail to Sardar, noting that the verification of his documents is ongoing and the police are worried he might run away if released.Sardar claims to be an Indian citizen and not a citizen of Bangladesh. He has been charged under the Bharatiya Nyaya Sanhita, the Passport (Entry to India) Act, and the Foreigners Order. The court mentioned that the investigation is still ongoing, and the authenticity of his Aadhaar Card is being checked by the Unique Identification Authority of India (UIDAI).
However, the court noted this is a case of hiding identity and creating fake documents to gain benefits of Indian citizenship.The court said it believes the prosecution’s fear is real. This is due to the accused’s past actions and the seriousness of the accusations. The risk of him fleeing or interfering with the investigation is real. Therefore, bail should not be granted at this stage.
