‘Scrutiny of documents necessary': HC denies bail to alleged Bangladeshi national arrested for 'illegal' entry in India

Indian Express

10 hours ago

Rejecting the bail plea of a Thane resident, an alleged Bangladeshi national who police claimed illegally entered India, the Bombay High Court on Tuesday observed that his claim of being Indian citizen and identity documents be strictly examined under Citizenship Act.
'The applicant has failed to produce any document duly verified or authenticated by the concerned government authorities that could conclusively establish his Indian citizenship,' a single-judge bench of Justice Amit Borkar observed in an order on bail application of Babu Abdul Ruf Sardar, who claimed that he had valid Indian identity proofs including Adhaar card, Voter ID, PAN Card, and Passport.
'Merely relying on the existence of certain identity documents such as Aadhaar, PAN, or Voter ID, without verification of the process through which these were obtained, cannot be treated as sufficient proof of lawful citizenship at this stage, particularly when the very authenticity of such documents is under investigation,' the HC noted.
'In such circumstances,' the Justice Borkar added, 'where the investigation is at a crucial stage, and where serious allegations involving national security, illegal entry, and use of forged government documents are involved, the Court finds it neither proper nor prudent to enlarge the applicant on bail at this juncture.'
Wagle Estate Police station in Thane had last year arrested Sardar under provisions of Bharatiya Nyaya Sanhita (BNS), Passport (Entry into India) Act, and Foreigners Order for entering India without valid passport or travel documents, deliberately suppressing foreign nationality by creating and using forged Indian identity documents such as Aadhar, PAN and falsely showing himself as Indian citizen.
The Police claimed that he not only misrepresented his status before the authorities but also obtained an Aadhaar Card by submitting fabricated documents.
Moreover, as per police, the mobile phone found in possession of the application contained digital copies of his and his mother's birth certificates allegedly issued by Bangladesh authorities which raised suspicion that he was a Bangladeshi national who illegally entered India.
The probe also revealed frequent communication with several numbers linked to Bangladesh. The prosecution said that official verification regarding the genuineness of the Aadhar card was awaited from the authority.
Advocate Jyotiram S Yadav for the applicant denied prosecution's claims and argued that his client was a bona fide citizen of India and there was no reliable or conclusive evidence produced by the prosecution to prove that he was Bangladeshi national. He also argued that his applicant had no connection with alleged Bangladeshi birth certificates.
Additional Public Prosecutor Megha S Bajoria for Thane Police, while opposing the bail plea, claimed the possibility of the applicant being part of 'larger organised network involving illegal immigration and identity fraud,' and his release would have implications for national security.
The court said that whether the documents were true or false will be decided in the trial, documents such as Bangladeshi birth certificates found on the applicant's own phone were 'important and cannot be ignored,' and if found genuine, it would impact the question of his citizenship.
Observing the allegations were 'not small,' the judge said 'the fact that he was allegedly able to get official documents through fraud shows that he has the ability to misuse the system and create a false identity again if given the chance.'
Rejecting the bail plea, the HC noted that fear expressed by prosecution of applicant destroying evidence in case released on bail was 'not empty' or 'imaginary' and the 'danger of applicant running away from the law or interfering with investigation was real.'