Mumbai, August 12, 2025: The Bombay High Court has clarified that possession of documents such as an Aadhaar card, PAN card, or voter ID card does not automatically grant Indian citizenship. Citizenship status, the court said, is governed solely by the provisions of the Citizenship Act, 1955.
Justice Amit Borkar made the observation while rejecting the bail plea of Babu Abdul Ruf Sardar, alleged to be a Bangladeshi national who reportedly entered India illegally over a decade ago and obtained multiple forged identity documents, including an Indian passport.
The court underscored that these commonly used documents serve as proof of identity or eligibility for services, but do not override the legal framework that defines how citizenship is acquired, lost, or determined in India.
“Merely having documents such as Aadhaar, PAN card or voter ID does not make someone a citizen of India. The Citizenship Act of 1955 is the controlling law on nationality,” Justice Borkar said.
Police allege that Sardar entered India without valid travel documents and later procured falsified identity papers to pose as an Indian citizen. The bench noted that the allegations involve deliberate concealment of identity and fabrication of official documents, which go beyond a technical immigration violation.
The court also observed that under the Citizenship Act, illegal migrants are barred from acquiring citizenship through most legal routes a safeguard aimed at protecting national sovereignty and ensuring that rights reserved for citizens are not exploited by those without legal status.
Sardar’s counsel argued that he has been residing in Thane district since 2013, his records are linked to income tax filings, and no conclusive proof exists of his Bangladeshi origin. However, the court accepted the prosecution’s concern that he might abscond if released, especially as the Unique Identification Authority of India (UIDAI) is still verifying the authenticity of his Aadhaar card.
The accused has been charged under the Bharatiya Nyaya Sanhita, the Passport (Entry into India) Act, and the Foreigners Order. Investigators are also probing whether a wider organised network is aiding illegal immigration and identity fraud.
