Aadhaar, PAN, voter ID don’t make one an Indian citizen: Bombay HC

The Bombay high court clearly stated that a person does not become a citizen of India merely by possessing documents like Aadhaar card, PAN card or a voter ID. The High Court on Tuesday said this while refusing bail to a man, allegedly from Bangladesh, for entering India illegally. He allegedly procured forged Indian documents such as Aadhaar card, PAN card, voter ID and also an Indian passport, the report added.

A bench of Justice Amit Borkar said provisions of the Citizenship Act lay down who can be a citizen of India and how citizenship can be acquired and documents such as the Aadhaar card, PAN card and voter ID are only meant for identification or availing services. The man is accused of staying in India for more than a decade with forged and fabricated documents. In 1955, Parliament passed the Citizenship Act which created a permanent and complete system for acquiring citizenship, Justice Borkar noted.

The high court has underlined that “the law draws a clear line between lawful citizens and illegal migrants,” noting that those classified as illegal migrants are barred from acquiring citizenship through most legal routes under the Citizenship Act. “This distinction is important because it protects the sovereignty of the country and ensures that benefits and rights meant for citizens are not wrongfully taken by those who have no legal status to stay in India,” the bench observed.

The bench said the allegations went beyond unauthorised stay in India, involving “making and using fake and forged identity documents with the aim of pretending to be an Indian citizen". Sardar faces charges under the Bharatiya Nyaya Sanhita, the Passport Act, and the Foreigners Order. The law draws a clear line between lawful citizens and illegal migrants, the bench said. People falling in the category of illegal migrants are barred from obtaining citizenship through most of the legal routes mentioned in the Citizenship Act, it added.