Indian documents such as Aadhaar, PAN, and Voter ID do not serve as concrete evidence of Indian citizenship.
In a landmark ruling, the Bombay High Court has emphasised the importance of legal proof in establishing Indian citizenship, particularly in cases where a person holds multiple valid Indian identity documents but is suspected of being a foreign national.
The case in question involves Babu Abdul Rauf Sardar, a defendant operating under the business name 'Babu Construction' in Thane. Sardar's rented apartment in Thane has been his residence since 2013.
The court's ruling came after allegations that Sardar is a Bangladeshi national who holds multiple valid Indian documents. However, Sardar's lawyer has argued that there is no conclusive or reliable evidence to prove this claim.
The court has made it clear that possessing identity documents like Aadhaar Card, PAN Card, Voter ID, or Passport does not automatically establish a person as a citizen of India. These documents are primarily meant for identification or service access but do not override citizenship requirements under the law.
When allegations or credible evidence suggest that a person is of foreign origin or has used forged documents, the court strictly tests the citizenship claim. Under the Citizenship Act, 1955, the burden is on the individual to produce lawful and satisfactory evidence of citizenship if the government places credible evidence of foreign origin before the court.
The court also considers the context such as alleged illegal entry, forged documents, suspicious birth certificates from foreign countries found in investigations, and any contacts with foreign nationals, to assess the legitimacy of the citizenship claim. The legal proof required may include genuine documents issued under Indian law explicitly confirming citizenship, such as a citizenship certificate or a valid Indian passport (subject to verification), rather than just identity documents linked to services or residence.
In this case, the court has not yet determined the authenticity of the Bangladeshi birth certificates found on Sardar's phone. The prosecution also claims that Sardar had been in frequent contact with multiple phone numbers linked to Bangladesh. However, these claims have not been mentioned in this paragraph.
The court has expressed concern about the possibility of Sardar absconding if granted bail due to the seriousness of the charges. Sardar, the defendant in the case, is accused of illegally entering India and fraudulently obtaining Indian identity documents. The charges against Sardar include staying in India without permission, overstaying a visa, making and using fake and forged identity documents, and pretending to be an Indian citizen.
It is important to note that 'Babu Construction' holds a valid Udyog Aadhaar Card and a Gumasta License. However, the court has held that these documents are primarily for identification or availing public services, but they do not override the legal requirements for acquiring citizenship as laid out in the Citizenship Act, 1955.
In summary, the legal proof of Indian citizenship in court requires compliance with the Citizenship Act, 1955, and valid citizenship documents recognised under that Act, beyond possession of standard identity cards. The claimant bears the burden to disprove credible foreign nationality doubts raised by the government or prosecution.
- The court underscores that while Udyog Aadhaar Card and Gumasta License can be used for identification or public service access, they do not override the legal requirements for acquiring citizenship as mandated by the Citizenship Act, 1955.
- In determining the legitimacy of a citizenship claim, the court considers not only identity documents but also any credible evidence of foreign origin or forged documents, suspicious birth certificates, contacts with foreign nationals, and legal proof that confirms citizenship, such as a citizenship certificate or a valid Indian passport.
