Bombay HC Big verdict: Having Aadhaar, PAN or Voter ID alone do not make you an Indian citizen, citizenship is only determined by…
Bombay High Courts Verdict: In a significant update on Tuesday, the Bombay High Court mentioned that documents like Aadhaar, PAN, or voter ID alone do not make any person eligible to be an Indian citizen. Highlighting the importance of the Citizenship Act, 1955, the court said that citizenship is determined strictly under the provisions of the Citizenship Act, 1955.
The verdict came in response to a case of illegal immigration by a Bangladeshi citizen asking for bail. The court denied the bail and highlighted that carrying mere certificates does not make someone entitled to live in India as its citizen; it’s up to the law to decide.
What’s the Citizenship Act 1955?
The Citizenship Act, 1955, states the guidelines for a person to be an Indian citizen. It includes the specifications, like how an individual can be an Indian citizen, when an individual can be terminated from being an Indian citizen, and everything in connection with the same.
What was the case?
A man named Babu Abdul Ruf Sardar lived in India for more than ten years. He entered Indian premises without having a legal passport and documents. Over time, he managed to forge documents like Aadhaar, PAN, voter ID and an Indian passport. The man was booked under provisions of the Bharatiya Nyaya Sanhita, the Passport (Entry to India) Act and the Foreigners Order.
What did the Bombay High Court say?
Sardar had claimed that he had been living in Maharashtra’s Thane since the year 2013. However, due to the illegal activities involved, the Bombay High Court denied bail to the man. The decision was taken to negate the possibility of him absconding from the country.
Supreme Court’s endorsement:
The Supreme Court endorsed the view of ECI (Election Commission of India) to verify documents like the Aadhaar card and that they’re not the irrefutable entities or proofs of an individual’s citizenship. The sole power to decide the citizenship still stands as the Citizenship Act, 1955.
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