The Bombay High Court said on Tuesday that only the possession of important documents such as Aadhaar, permanent account number (PAN) or voter -ID card in itself does not proves that a person is an Indian citizen.
The observation of the court came when the bail denied to a man who was accused of coming into the country illegally and forging documents to claim Indian citizenship.
A Bank of Justice Amit Borkar heard the bail of Babu Abdul Rauf Sardar, in the hands of the Maharashtra police under the Bharatiya Nyaya Sanhita, the passport (Entry in India) Act and the order of the foreigners.
The observation came on the day on which the Supreme Court, while it was heard of petitions that challenge the special summary revision (SIR) of electoral roles in Bihar, undergone the position of the election committee that Aadhaar cannot be treated as conclusive proof of citizenshipEmphasize that it must be verified independently.
The persecution claimed that Sardar came in 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 claimed that he is a real Indian citizen with a valid Aadhaar, voter -ID, Pan and passport, all linked to bank accounts, tax data and business licenses.
He also pointed to Sardar’s long home in Thane and his local company as proof of his roots. The defense claimed that the birth certificates on his phone were not -rejected documents that were received from an unknown sender via WhatsApp.
The persecution, led by additional public prosecutor Megha’s Bajoria, against the recurrent documents suggested the Bengalian origin and that Sardar had frequent contact with foreign telephone numbers.
They argued that the verification of his Aadhaar card from Uidai was still awaiting a possible broader illegal immigration and identity fraud network.
Justice Borkar said that the Citizenship Act, 1955, is the most important law for determining nationality and that “only have documents such as an Aadhaar card, pan card or voter -ID in itself does not make someone a citizen of India”.
He further emphasized that citizenship claims should be investigated on the basis of the rules of the passport (Entry in India) and that the suspect has the legal duty to provide legal proof that they are an Indian citizen.
The judge noted that the allegation was not only too much, but also deliberately creating fake identity papers and to make and use the use of fake identity benefits to achieve citizenship benefits.
He said that, if it is now released, Sardar could hide new identities or mess with evidence, especially since the verification of documents was going on and several agencies were concerned.
“The fear expressed by the persecution is not an empty or imaginary fear,” said Justice Borkar, adding that the source and the authenticity of the documents needed thorough research.
The court concluded that the release of Sardar entails a real risk at this stage and rejected his bail relationship.
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