The Bombay High Court on August 12, ruled that official documents like Aadhaar, PAN, or voter ID are not proof of Indian citizenship. These documents, the court observed, serve as means of identification or to access government services but cannot replace the legal requirements for acquiring citizenship under the Citizenship Act, 1955.
Justice Amit Borkar, presiding over the case, made the observation while refusing bail to Babu Abdul Ruf Sardar, allegedly a Bangladeshi national accused of entering India without valid travel documents and living here for more than ten years on the basis of forged papers.
Case Background
According to the prosecution, Babu Abdul entered India illegally and obtained forged Aadhaar, PAN, voter ID, and even an Indian passport to stay in the country. He has been booked under the Bharatiya Nyaya Sanhita, the Passport (Entry to India) Act, and the Foreigners Order.
The court noted that the police’s concern about Babu Abdul absconding if granted bail was justified, especially as the verification of his documents was still pending and the investigation was ongoing.
Citizenship Act is the sole authority
Justice Borkar emphasised that the Citizenship Act, 1955 is the definitive law governing nationality in India, laying out the process of acquiring and losing citizenship.
“Merely having documents such as Aadhaar card, PAN card, or voter ID does not, by itself, make someone a citizen of India… The Citizenship Act lays down who can be a citizen, how citizenship can be acquired, and in what situations it can be lost,” the court said.
The bench underlined that the Act draws a clear distinction between lawful citizens and illegal migrants, noting that illegal migrants are barred from obtaining citizenship through most legal routes.
Importance of distinction
The High Court stressed that the distinction between citizens and illegal migrants safeguards India’s sovereignty and ensures that the rights and benefits meant for citizens are not wrongfully accessed by those without legal status.
The allegations against Babu Abdul, the court added, went beyond unauthorised stay, extending to the “making and using of fake and forged identity documents with the aim of pretending to be an Indian citizen.”
