Possessing documents like Aadhaar, PAN card, or Voter ID does not automatically make someone an Indian citizen. The Bombay High Court made this observation while refusing bail to a man accused of illegally entering India from Bangladesh. The man was allegedly living in the country for nearly a year using forged documents.
Justice Amit Borkar’s bench said that the Citizenship Act clearly defines who can be an Indian citizen and how citizenship can be acquired. The court clarified that Aadhaar, PAN card, and Voter ID are only meant for identification or providing services, not for granting citizenship.
The court denied bail to Babu Abdul Rauf Sardar, who is accused of entering India without a valid passport or visa and later obtaining several documents, including an Aadhaar card, PAN card, Voter ID, and even an Indian passport. Justice Borkar stated that Parliament enacted the Citizenship Act in 1955, which clearly outlines who is considered a citizen and the process of acquiring citizenship.
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According to the court, these identification documents alone cannot override citizenship laws, which determine nationality. This significant ruling comes at a time when a debate is ongoing in Bihar over the SIR (Special Identification of Residents) in the voter list.
Court stresses difference between citizens and infiltrators
The bench pointed out that the 1955 law also draws a clear distinction between Indian citizens and infiltrators. It stated that those who enter India illegally have no right to acquire Indian citizenship in any manner. Highlighting the importance of this distinction, the court said it helps protect the nation’s sovereignty, ensuring that rights are granted only to legitimate citizens and not to illegal entrants.
The bench ordered that the investigation against the accused Bangladeshi should continue and noted that releasing him could lead to his escape from the legal process.