The Bombay High Court has stated that simply possessing documents like an Aadhaar card, PAN card, or a voter ID does not make a person an Indian citizen. The court made this observation while denying bail to a man, identified as Babu Abdul Ruf Sardar, who is alleged to be a Bangladeshi national living in India illegally with forged documents.
Citizenship is Governed by Law, Not ID Cards
Justice Amit Borkar emphasized that the Citizenship Act of 1955 is the primary and controlling law for determining nationality in India. He clarified that while documents like an Aadhaar card or voter ID are used for identification or to avail services, they “do not override the basic legal requirements of citizenship as prescribed in the Citizenship Act.” The judge noted that the law clearly distinguishes between lawful citizens and illegal migrants, and that the latter are barred from obtaining citizenship through most legal routes to protect the country’s sovereignty.
Sardar, who is accused of entering India without a valid passport, allegedly procured a fraudulent Indian passport along with the other fake ID documents. The court highlighted that the allegations against him are not just a technical violation but a case of “deliberate concealment of identity and creation of forged documents for obtaining the Indian citizenship benefits.”
Bail Denied Due to Ongoing Investigation
The court refused to grant Sardar bail, noting that the verification of his documents is still in progress. The police are currently working with the Unique Identification Authority of India (UIDAI) to verify the authenticity of his Aadhaar card. The prosecution argued that if released, Sardar might abscond, a fear the court deemed “a genuine apprehension.” The police are also investigating whether there is a larger network involved in illegal immigration and identity fraud.
Sardar’s plea for bail claimed he was a genuine Indian citizen, citing his income tax records and business registration as evidence. He stated he has been living in Thane, near Mumbai, since 2013. However, the court found the police’s concerns about him absconding and the seriousness of the charges to be sufficient reason to deny his request.
The judge also provided some historical context, noting that the framers of the Constitution created a system for citizenship following the partition of India, giving Parliament the power to create laws that would govern who could be a citizen in the future.