Mumbai: The Bombay High Court on Tuesday ruled that the mere possession of identity documents such as an Aadhaar Card, PAN Card, or Voter ID does not, by itself, establish that a person is a citizen of India. The Court made this observation while rejecting a bail application filed by Babu Abdul Rauf Sardar, an alleged Bangladeshi national who holds multiple valid Indian documents, including an Aadhaar Card, Voter ID, PAN Card, and Passport.
The Court held that these documents are primarily intended for identification or for availing public services, but they do not override the legal requirements for acquiring citizenship as laid out in the Citizenship Act, 1955.
The court also held that in case of a reasonable doubt about a person’s nationality, the burden of proof is on the person. “If the government places credible evidence before the court raising a reasonable suspicion that the person is not an Indian citizen, the burden of proof shifts to that person. This means it becomes their legal duty to produce satisfactory and lawful evidence to prove that they are indeed a citizen of India. Unless this burden is discharged, the presumption under the law will work against them,” Justice Amit Borkar said in the judgment.
Sardar is accused of illegally entering India and fraudulently obtaining Indian identity documents. According to the prosecution, a mobile phone recovered from him during his 2024 arrest contained digital copies of birth certificates for both himself and his mother, allegedly issued by Bangladeshi authorities. The prosecution also claimed that he had been in frequent contact with multiple phone numbers linked to Bangladesh.
In defense, Sardar’s lawyer denied the allegations and argued that there is no conclusive or reliable evidence to prove that Sardar is a Bangladeshi national. The defense pointed out that Sardar’s identity documents are duly linked to his income tax filings, bank accounts, utility services, and business registration.
Sardar has reportedly lived in a rented apartment in Thane since 2013, working as a civil contractor under the name ‘Babu Construction’, which holds a valid Udyog Aadhaar Card and a Gumasta License (a registration required for doing any kind of business in the state of Maharashtra).
Justice Borkar noted that where there are allegations of a person being of foreign origin or using forged documents, the Court cannot rely solely on identity cards to determine citizenship. The issue must be examined strictly in accordance with the Citizenship Act, 1955.
While denying bail, the Court clarified that it has not yet determined the authenticity of the Bangladeshi birth certificates found on Sardar’s phone. “That will be decided at trial. But the fact that such documents were found on the applicant’s own phone is significant and cannot be ignored. If they turn out to be genuine, they could directly impact the question of whether the applicant is an Indian citizen or a foreign national staying in India without permission,” Justice Borkar observed.
The Court also expressed concern that if granted bail, the applicant might abscond, given the seriousness of the charges. “The allegations in this case are not small. It is not just about staying in India without permission or overstaying a visa. It is about making and using fake and forged identity documents like Aadhaar Card, PAN Card, and Voter ID, with the aim of pretending to be an Indian citizen,” it stated.
