'Aadhaar Card, PAN Card Or Voter ID Does Not Automatically Confer Citizenship In India': Bombay HC

Mere possessing identification documents such as an Aadhaar card, PAN card, or Voter ID does not automatically confer citizenship in India, the Bombay High Court held on Tuesday. 

Bail Denied to Man Accused of Illegal Stay, Forged Papers

The court made the remark while denying bail to Babu Abdul Ruf Sardar, a man allegedly from Bangladesh, who faces charges of illegally entering India and staying here for over a decade with forged documents.

Court Cites Citizenship Act, 1955 as Governing Law

Justice Amit Borkar said: “The Citizenship Act of 1955 is the primary law for deciding questions of nationality in India today. Merely having documents such as an Aadhaar Card, PAN Card, or Voter ID does not make someone a citizen. These documents are meant for identification or availing services, not proof of citizenship.”

Accused Allegedly Used Multiple Fake Indian IDs

Sardar was arrested for using forged Indian identity documents, including Aadhaar, PAN, Voter ID, and even an Indian passport, to pose as a legitimate Indian citizen. The court emphasised that the allegations were not just about overstaying or entering the country illegally, but involved creating and using fraudulent documents to claim Indian citizenship benefits.

“The allegations are serious as they involve the deliberate concealment of identity and the use of fake documents for obtaining citizenship rights unlawfully,” the bench remarked.

UIDAI Verification of Aadhaar Still in Progress

The court also noted that the verification of Sardar’s documents, especially his Aadhaar card, is still ongoing, with the Unique Identification Authority of India (UIDAI) conducting checks. The police expressed concerns that Sardar might abscond if granted bail, a fear that the court deemed genuine.

“The fear of him absconding if released is justified, given the ongoing investigation,” Justice Borkar stated.

Sardar, in his bail plea, argued that he was a bona fide citizen of India and that there was no reliable evidence to prove his Bangladeshi nationality. He also claimed his documents were linked to his income tax and business registration records, and he had been residing in Thane since 2013.

Court Emphasises Need to Protect Sovereignty from Illegal Migration

However, the court rejected these claims, emphasizing that the distinction between lawful citizens and illegal migrants is critical to safeguarding India’s sovereignty. “Illegal migrants are barred from obtaining citizenship through most legal routes under the Citizenship Act,” the bench noted.

The court referred to the historical context of India’s partition and the creation of citizenship laws, stressing that the framers of the Constitution gave Parliament the power to legislate on nationality matters. This continues to guide the country’s approach to citizenship today.