The Bombay High Court on Tuesday said that merely possessing key documents such as Aadhaar, Permanent Account Number (PAN) or voter ID card does not in itself prove that a person is an Indian citizen.
The court’s observation came as it denied bail to a man accused of entering the country illegally and forging documents to claim Indian citizenship.
A bench of Justice Amit Borkar was hearing the bail plea of Babu Abdul Rauf Sardar, held by Maharashtra police under the Bharatiya Nyaya Sanhita, the Passport (Entry into India) Act, and the Foreigners Order.
The observation came on the day when the Supreme Court, while hearing petitions challenging the Special Summary Revision (SIR) of electoral rolls in Bihar, endorsed the Election Commission’s stance that Aadhaar cannot be treated as conclusive proof of citizenship, stressing that it must be independently verified.
The prosecution alleged that Sardar entered India without valid travel documents, used fake papers to get an Aadhaar card, and had digital copies of Bangladeshi birth certificates of himself and his mother on his phone.
On the other hand, Sardar’s counsel argued that he is a genuine Indian citizen with valid Aadhaar, voter ID, PAN, and passport, all linked to bank accounts, tax records, and business licences.
He also pointed to Sardar’s long residence in Thane and his local business as proof of his roots. The defence claimed the birth certificates found on his phone were unverified documents received via WhatsApp from an unknown sender.
The prosecution, led by Additional Public Prosecutor Megha S Bajoria, countered that the recovered documents suggested Bangladeshi origin and that Sardar had frequent contact with foreign phone numbers.
They argued that verification of his Aadhaar card from UIDAI was still pending and warned of a possible wider illegal immigration and identity fraud network.
Justice Borkar said the Citizenship Act, 1955, is the main law for determining nationality and that “merely having documents such as an Aadhaar Card, PAN Card, or Voter ID does not, by itself, make someone a citizen of India”.
He further stressed that citizenship claims must be examined under the Passport (Entry into India) Act’s rules and that the accused has a legal duty to provide lawful proof of being an Indian citizen.
The judge noted that the allegation was not just of overstaying but of deliberately creating and using fake identity papers to gain citizenship benefits.
He said that if released now, Sardar could hide, forge new identities, or tamper with evidence, especially since document verification was ongoing and involved multiple agencies.
“The fear expressed by the prosecution is not an empty or imaginary fear,” Justice Borkar said, adding that the source and authenticity of the documents needed thorough investigation.
The court concluded that releasing Sardar at this stage posed a real risk and rejected his bail plea.
– Ends