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Merely having documents such as an Aadhaar Card, PAN Card, or Voter ID does not, by itself, make someone a citizen of India. These documents are meant for identification or availing services, but they do not override the basic legal requirements of citizenship as prescribed in the Citizenship Act, 1955.”
In Babu Abdul Ruf Sardar vs. the State of Maharashtra, the applicant sought regular bail under Section 439 of the CrPC in connection with offences under the Bharatiya Nyaya Sanhita, Passport (Entry into India) Act, and Foreigners Order. He was accused of illegally entering India without valid travel documents, suppressing his foreign nationality, and obtaining forged Indian identity papers, including Aadhaar and PAN. Forensic examination of his mobile phone revealed digital copies of Bangladeshi birth certificates of him and his mother, raising suspicion of his foreign origin.
The defence argued that the applicant is a bona fide Indian citizen holding valid Indian documents, has been residing in Thane since 2013, is engaged in business, and suffers from health issues. They contended that the alleged Bangladeshi birth certificate was unverified and received via WhatsApp, hence unreliable.
The prosecution opposed bail, citing ongoing investigations, pending UIDAI verification of Aadhaar, strong evidence of cross-border communication, and the risk of absconding or creating new false identities. The Court emphasised that mere possession of Aadhaar, PAN, or Voter ID does not establish citizenship, which must be determined under the Citizenship Act, 1955. The burden of proof rests on the applicant under Section 9 of the Foreigners Act when credible doubt about nationality exists.
Considering the seriousness of the allegations, national security implications, and risk of absconding, the Court rejected the bail plea but allowed the applicant to reapply if the trial is not concluded within one year.
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