Mumbai — The Bombay High Court on Tuesday dismissed the bail plea of Babu Abdul Rauf Sardar, who is accused of being a Bangladeshi national living in India illegally and forging identity documents.
A bench headed by Justice Amit Borkar ruled that possession of documents such as Aadhaar card, PAN card, or Voter ID does not establish citizenship. “These are identification documents and cannot override the legal provisions determining nationality under the Citizenship Act, 1955,” Justice Borkar stated.
Sardar faces multiple charges under the Bharatiya Nyaya Sanhita (BNS), including Section 335 (causing grievous hurt), Section 336(3) (endangering life or personal safety), and Section 340 (wrongful confinement).
Arguing on behalf of Sardar, advocate Jyotiram S. Yadav asserted that his client is a bona fide Indian citizen, noting that the birth certificates obtained during the investigation do not even carry his name. Yadav also mentioned that an anonymous WhatsApp message claimed Sardar holds several valid Indian documents linked to tax records, bank accounts, and utility services.
However, Additional Public Prosecutor Megha S. Bajoria countered that the accused entered India without valid documents and has been residing here illegally. She further claimed that digital evidence points to his Bangladeshi origin and warned that granting bail could lead to him absconding.
The court emphasized that verification of Sardar’s Aadhaar and other documents with the Unique Identification Authority of India (UIDAI) and relevant authorities is still pending. It concluded that releasing him on bail at this stage was not appropriate.
Human rights advocates have alleged that such cases are often used to wrongfully target Muslims by branding them as Bangladeshis without conducting thorough verification.
