Bombay High Court: Aadhaar, PAN, or Voter ID Do Not Prove Indian Citizenship

The Bombay High Court has made it clear that possession of Aadhaar, PAN card, or Voter ID alone does not make someone an Indian citizen. These are identification documents used for availing government services, not proof of citizenship.

The bench of Justice Amit Borkar made these strong remarks while denying bail to a Bangladeshi national who had allegedly been residing in India for over 10 years using forged documents.

Only Citizenship Act Can Determine Citizenship

The court emphasized that only the Citizenship Act of 1955 determines who qualifies as an Indian citizen, how citizenship is acquired, and under what conditions it can be revoked. No identity card can override these legal provisions.

Illegal Immigrants Cannot Be Granted Citizenship

Justice Borkar stated that the law clearly differentiates between a citizen and an illegal immigrant. Most legal paths to citizenship are not available to illegal immigrants. This distinction, the court added, is necessary to protect the sovereignty of the nation and ensure that rights and services meant for citizens are not extended to illegal residents.

The Case Details

The accused, named Babu Abdul Ruf Sardar, was found to be living in India without a valid passport or travel documents. Police claimed that he had obtained fake Aadhaar, PAN, Voter ID, and even an Indian passport.

Police Argument and Court's Response

The police told the court that the verification of the accused’s documents was still underway and that releasing him on bail posed a serious flight risk. The court agreed, noting that this was not merely a case of unauthorized stay in India, but also an attempt to falsely claim Indian citizenship using forged identity documents.