Mumbai: The Bombay High Court has ruled that possessing documents such as Aadhaar card, PAN card or voter ID does not automatically make a person a citizen of India, stressing that citizenship is determined strictly under the provisions of the Citizenship Act, 1955.
Justice Amit Borkar made the observation while rejecting the bail plea of Babu Abdul Ruf Sardar, alleged to be a Bangladeshi national who has been living in India for over a decade using forged and fabricated identity documents, including an Indian passport.
The court emphasised that the Aadhaar card, PAN card and voter ID are meant for identification or accessing services, but they do not override the legal requirements of nationality under the Citizenship Act.
“The Citizenship Act of 1955 is the main and controlling law for deciding questions about nationality in India. Merely having documents such as Aadhaar, PAN or voter ID does not confer citizenship,” Justice Borkar stated.
According to the prosecution, Sardar entered India illegally without valid travel documents and allegedly obtained forged Indian identity proofs. The court noted that the case went beyond a simple immigration violation, involving deliberate concealment of identity and creation of forged documents to claim benefits reserved for Indian citizens. Es
The bench highlighted that illegal migrants are barred from acquiring citizenship through most legal channels under the Act, a safeguard intended to protect the country’s sovereignty and prevent misuse of citizen-specific benefits.
Sardar’s defence claimed he has lived in Thane district since 2013, has income tax records, and no conclusive proof exists to show he is Bangladeshi. However, the court upheld the police’s apprehension that he might abscond if granted bail, especially as the genuineness of his Aadhaar card is still under verification by UIDAI.
The accused faces charges under the Bharatiya Nyaya Sanhita, Passport (Entry into India) Act, and the Foreigners Order. The investigation also seeks to determine if there is a larger organised network facilitating illegal immigration and identity fraud.
