Merely possessing Aadhaar, PAN card or voter ID doesn't make person Indian citizen: Bombay HC
Mumbai (PTI): A person does not become a citizen of India merely by possessing documents like Aadhaar card, PAN card or a voter ID, the Bombay High Court on Tuesday said while refusing bail to a man, allegedly from Bangladesh, for entering India illegally.
The man is accused of staying in India for more than a decade with forged and fabricated documents.
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 court refused bail to Babu Abdul Ruf Sardar, alleged to be a Bangladeshi national, who entered India illegally without a valid passport or travel documents. He allegedly procured forged Indian documents such as Aadhaar card, PAN card, voter ID and also an Indian passport.
In 1955, Parliament passed the Citizenship Act which created a permanent and complete system for acquiring citizenship, Justice Borkar noted.
"In my opinion, the Citizenship Act of 1955 is the main and controlling law for deciding questions about nationality in India today. This is the statute that lays down who can be a citizen, how citizenship can be acquired and in what situations it can be lost," he said.
"Merely having documents such as Aadhaar card, PAN card or voter ID does not, by itself, make someone a citizen of India. These documents are meant for identification or availing services, but they do not override the basic legal requirements of citizenship as prescribed in the Citizenship Act," the HC said.
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.
"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 court said.
The bench, while refusing bail to Sardar, noted that verification of his documents was still on and the investigation was also still continuing, and the police's fear that he may abscond if granted bail is a genuine apprehension.
The allegations in the case are not small and it is not just about staying in India without permission or overstaying, but it is about making and using fake and forged identity documents with the aim of pretending to be an Indian citizen, the HC said.
Sardar was booked under provisions of the Bharatiya Nyaya Sanhita, the Passport (Entry to India) Act and the Foreigners Order.
The court noted the investigation in the case is still going on with regard to genuineness of the Aadhaar card, which is being verified by the Unique Identification Authority of India (UIDAI).
Sardar in his bail plea said he was a bona fide citizen of India and that there was no conclusive or reliable evidence to prove he is a national of Bangladesh.
He further claimed his documents are linked with his income tax records and business registration and that he has been residing in Mumbai's neighbouring Thane district since 2013.
The prosecution opposed the plea, claiming if the accused was released on bail, he may abscond.
The police further said a probe was on to ascertain if there was a larger organised network involving illegal immigration and identity fraud.
The court in its order noted the allegations against Sardar are not limited to a mere technical violation of immigration norms, but indicate a case of deliberate concealment of identity and creation of forged documents for obtaining the Indian citizenship benefits.
When the Constitution of India was being drafted, the country had just gone through a historic transformation and the partition at the time caused a massive movement of people across borders, creating a need to decide who would be accepted as citizens of the new nation, it noted.
Keeping this in mind, framers of the Constitution decided to make an arrangement for deciding citizenship, the high court said.
The Constitution laid down provisions which gave immediate clarity on who would be considered a citizen at the very beginning of the Republic and it gave the elected Parliament the powers to make laws on citizenship in future, the court noted.
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No hurdle to increase Almatti Dam height, says Deputy CM Shivakumar
Bengaluru (PTI): Karnataka Deputy Chief Minister D K Shivakumar on Thursday said there is no legal impediment to issuing a notification for the Upper Krishna River Phase-3 project, including raising the height of the Almatti dam, and indicated that the state would soon take a decision after consultations.
Speaking to reporters here after his recent Delhi visit, he also said an all-party meeting may be convened in the state even as there was broad political consensus on taking up irrigation issues with the Centre.
“There is no legal hurdle to issuing a notification for increasing the height of the Almatti dam, and there is no stay order either, as stated by legal experts. We will take our own decision soon. An all-party meeting may also be convened in the State,” Shivakumar, who holds the water resource portfolio, said.
He said 24 Members of Parliament from Karnataka attended a meeting held in Delhi, cutting across party lines except the Janata Dal (Secular), where various irrigation issues were discussed.
“We stayed in Delhi for two days and held a meeting of the State’s Members of Parliament. A total of 24 MPs attended. Except for the Janata Dal (Secular), MPs from the BJP, Congress, Independents and nominated members were present. I briefed them about the status of several irrigation projects in the State,” he said.
Shivakumar said several leaders offered suggestions and an all-party delegation would meet the Prime Minister and the Union Water Resource Minister C R Patil.
“Jagadish Shettar, Govind Karjol, Basavaraj Bommai and P C Mohan offered certain suggestions. Union ministers from Karnataka V Somanna and Pralhad Joshi said they could not attend and requested another meeting. It has been decided to take an all-party delegation to meet the Prime Minister and C R Patil. There is consensus on this,” he said.
Referring to legal consultations, he said, “In this matter, our legal advisors Mohan Katarki, retired judge Nagamohan Das and the Advocate General have given some useful inputs. We will take a decision soon.”
On urban development issues, he said the State has taken up concerns with the Centre regarding building norms. “We have brought to the notice of the Civil Aviation Minister the differences in premium FAR and building height regulations between our state and others. We will soon meet the Defence Minister as well. We have explained the issues faced by our state, and all have responded positively,” he said.
On the proposal for a second airport in Bengaluru, Shivakumar said it would be examined by the Cabinet.
He said state Minister M B Patil has submitted a proposal, and opinions have also been given. It needs to be placed before the Cabinet to discuss the pros and cons.
Issues like land acquisition, finances and other aspects must be examined. A study has been conducted and a report submitted, he added.
The Deputy CM said central aviation authorities have also provided a report on global standards regarding building height restrictions. The state government will take a decision after reviewing that report.
On the upcoming assembly by-elections in Bagalkote and Davangere, Shivakumar, who is also the Congress Karnataka unit president, said candidate selection would be decided by the party high command.
“Over the last two months, I have collected reports from booth level to all levels. Our leaders have visited and given their opinions. I have also spoken to some people. AICC secretaries will arrive in the next two to three days. The Chief Minister and I have discussed what needs to be done in the two constituencies. I cannot disclose it publicly. We will present our views in the interest of the party. ‘B’ forms will be distributed as per the decision of the high command,” he said.
Ruling out any preference for family members, he said, "Family is not important here. The party must win and that is what matters."
He noted that multiple stakeholders, including minorities, have claims that need to be balanced through discussions.
Shivakumar also told reporters that discussions on Assam elections were held with party leaders and another meeting would be conducted through video conference, following which a campaign schedule would be finalised.
Responding to demands for a Cabinet reshuffle, Shivakumar said there was nothing wrong in aspirations.
On whether it would be a reshuffle or power-sharing exercise, he said, “Time will decide.”
He also declined to comment on reports of a separate meeting with Priyanka Gandhi.
“I will not discuss that. I will not reveal whom I met or what I discussed. Time will decide,” he said.
On AICC General Secretary K C Venugopal’s statement that there was no vacancy for the Chief Minister’s post, Shivakumar said, “Yes, he has said there is no vacancy. He has also said that the party and MLAs will take a decision.”
