Aadhaar, PAN, Voter ID not proof of citizenship, says Bombay HC citing Citizenship Act 1955

The Bombay High Court has ruled that Aadhaar card, PAN card, and voter ID are not proof of Indian citizenship, stating that these documents are only meant for identification or availing services. The court made the remarks while refusing bail to Babu Abdul Ruf Sardar, alleged to be a Bangladeshi national, accused of entering India illegally and staying for over a decade with forged and fabricated documents.

A bench of Justice Amit Borkar said the Citizenship Act, 1955, provides the complete and permanent framework for deciding questions of nationality, acquisition, and loss of citizenship in India. “Merely having documents such as Aadhaar card, PAN card or voter ID does not, by itself, make someone a citizen of India,” the court stated. It added that the law clearly distinguishes between lawful citizens and illegal migrants, with the latter barred from most legal routes to citizenship.

According to the case records, Sardar allegedly entered India without a valid passport or travel documents and procured forged Indian identity papers, including Aadhaar, PAN, voter ID, and an Indian passport. The court noted that the genuineness of his Aadhaar card is still under verification by the Unique Identification Authority of India. Police maintained that releasing him on bail could lead to him absconding before trial.

The prosecution informed the court that investigations are ongoing to determine if the accused is linked to a wider organised network involved in illegal immigration and identity fraud. The court observed that the allegations go beyond unauthorised stay, involving deliberate concealment of identity and creation of fake documents to claim benefits meant for citizens. Sardar faces charges under the Bharatiya Nyaya Sanhita, the Passport (Entry to India) Act, and the Foreigners Order.

Justice Borkar also referred to the historical context, noting that after Partition, the Constitution of India gave clarity on who would be considered citizens and empowered Parliament to legislate on the matter. The Citizenship Act, passed in 1955, remains the controlling statute governing citizenship in the country.