The Bombay High Court has ruled that possession of documents like Aadhaar, PANor Voter ID does not make a person a citizen of India. Justice Amit Borkar emphasized that the Citizenship Act, 1955 is the primary law governing nationality, outlining who can be a citizen, how citizenship is acquired, and when it can be lost.
The Case Against Babu Abdul Ruf Sardar
The ruling came while refusing bail to Babu Abdul Ruf Sardarallegedly a Bangladeshi national accused of entering India illegally without valid travel documents. Sardar is alleged to have stayed in India for over a decade using forged documents — including Aadhaar, PAN, Voter ID, and even an Indian passport.
The court noted that these documents are meant for identification or availing services, not for determining citizenship. The bench stated that illegal migrants are barred from acquiring citizenship through most legal routes under the Citizenship Act.
Why Bail Was Denied
Justice Borkar observed that the case involves more than just overstaying. It includes fabricating identity documents to falsely claim Indian citizenship — a matter affecting national security. The court also considered the prosecution’s concerns that Sardar might abscond, noting that verification of his documents by the UIDAI is ongoing.
The prosecution further suggested a possible larger organised network facilitating illegal immigration and identity fraud, which the police are still investigating.
Constitutional and Legal Context
The court’s reasoning traced back to India’s post-Partition historywhen defining citizenship was a pressing challenge. The framers of the Constitution provided initial clarity and empowered Parliament to create future laws, resulting in the Citizenship Act of 1955.
According to the bench, this law “draws a clear line between lawful citizens and illegal migrants” — a safeguard for India’s sovereignty and for ensuring that rights meant for citizens are not taken by those without legal status.
The Larger Implication
This verdict underscores that citizenship is a legal statusnot something acquired merely by holding government-issued ID cards. It also signals the judiciary’s firm stance on illegal immigration and identity fraudreinforcing the principle that the integrity of national records must be maintained to protect public trust and national security.
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