Aadhaar, PAN, Voter ID No Proof of Indian Citizenship: Bombay High Court

Mumbai (The Uttam Hindu): Bombay High Court has given an important decision in a case and said that having documents like Aadhar card, PAN card or voter ID does not mean that a person has become a citizen of India. The court said that Indian citizenship is decided only under the 'Citizenship Act, 1955', identity card or documents providing other services cannot be its basis.

Making this important remark, the court refused to grant bail to a Bangladeshi intruder accused of staying in India by preparing fake documents.

Justice Amit Borkar's bench was hearing the bail plea of a man named Babu Abdul Rauf Sardar. Babu Abdul is accused of entering India from Bangladesh without a valid passport or visa. Here he had prepared many fake documents like Aadhar card, PAN card, voter ID and even an Indian passport.

Justice Borkar, while rejecting the bail plea, said, "In my opinion, the Citizenship Act, 1955 is the only law that defines citizenship and nationality in India. It clarifies who is a citizen, how one is and if one does not have citizenship, how one can acquire it."

The court further said, just by having an Aadhar card, PAN card or voter ID, one does not become a citizen of India. These documents are to identify citizens and provide them government services. Citizenship law cannot be rejected on the basis of these documents.

The bench said that the 1955 law makes a clear distinction between citizens of India and illegal intruders. People who enter India illegally do not have the right to acquire Indian citizenship in any way. According to the court, this distinction is important to protect the sovereignty of the country and to ensure the rights of citizens, so that no illegal person can acquire those rights.

The court ordered the investigation to continue against the accused and expressed apprehension that he may abscond if he is granted bail. This decision of the High Court has come at a time when there is a national debate on the revision of voter list (SIR) in Bihar.