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Business Standard
7 days ago
- Politics
- Business Standard
Only Aadhaar, PAN, Voter ID not sufficient proof of citizenship: Bombay HC
Rejecting the bail application of a man alleged to be a Bangladeshi national, the Bombay High Court noted that Aadhaar, PAN, and Voter ID, without verification, cannot be treated as sufficient proof of citizenship. The judgement by single-judge bench of Justice Amit Borkar said on Tuesday, "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." Justice Borkar mentioned that the claim of citizenship can only be examined under the rules of the Citizenship Act, 1955. "The claim of citizenship must be examined strictly under the rules of the Citizenship Act, 1955, including whether the person meets the conditions under Sections 3 to 6, or any special provisions applicable to their case," the judgement read. The prosecution alleged that the applicant is a Bangladeshi national and has forged the identity cards. During the investigation, the police found his birth certificate belonging to Bangladesh. However, the court at this stage has not decided whether the documents presented by the accused are forged or not. "During the investigation, the applicant's mobile phone was taken by the police as per law and sent for forensic examination. From the data recovered from the phone, copies of two birth certificates were found, one said to be of the applicant himself and the other of a woman claimed to be his mother. Both these documents show the place of birth as being in Bangladesh... The Court is not deciding at this stage whether the documents are true or false, that will be decided at the trial. But the fact that such documents have been found on the applicant's own phone is important and cannot be ignored," Justice Borkar said in his judgment. Rejecting the bail plea, Justice Borkar said that the accused can apply for bail if the trial is not concluded within a year. "However, it shall be open for the applicant to revive his request for bail if the trial is not concluded within a period of one year from today," the judgment read.
Time of India
7 days ago
- Politics
- Time of India
Aadhaar card, PAN card, voter ID alone don't make someone a citizen: Bombay high court
MUMBAI: Observing that claim of citizenship must be examined strictly under the Citizenship Act, 1955, the Bombay high court on Tuesday rejected the bail plea of a man who the police allege is a Bangladeshi national. The Thane resident, since 2013, said he holds an Aadhaar card , PAN card , voter ID and passport. His documents are linked to income-tax records, bank accounts, utilities and business registration. Justice Amit Borkar said, "Merely having documents such an 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 requirement of citizenship as prescribed in the Act.'' Wagle Estate police station booked Babu Abdul Ruf Sardar. The prosecution alleged he entered India illegally and used forged Indian identity documents. His mobile phone, on forensic examination, contained digital copies of his mother's and his birth certificates issued in Bangladesh. Verification of Aadhaar card from Unique Identification Authority of India is awaited. Sardar was in "frequent contact with multiple numbers linked to Bangladesh. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Discover Options For Affordable Back Pain Treatments Back Pain Treatment | Search Ads Undo " You Can Also Check: Mumbai AQI | Weather in Mumbai | Bank Holidays in Mumbai | Public Holidays in Mumbai | Gold Rates Today in Mumbai | Silver Rates Today in Mumbai Sardar's advocate Jyotiram Yadav said he is a bona fide Indian citizen and there is no conclusive evidence he is a Bangladeshi. The birth certificate was sent via WhatsApp from an unidentified number. Sardar, a civil contractor, also has an Udyog Aadhaar card and a gumasta license. Justice Borkar said the allegations are not limited to mere technical violation of immigration norms but "indicate a case of deliberate concealment of identity and creation of forged documents for obtaining Indian citizenship benefits." The Citizenship Act lays down a permanent system of acquiring and losing citizenship. Illegal migrants are barred from obtaining citizenship through most of the legal routes mentioned in it. Justice Borkar said a citizenship claim must be examined under the Act, including whether the person meets conditions of getting citizenship - by birth, descent, registration, naturalisation - or by any special provisions. Where there are allegations of forged identity and origin, it requires proper verification by agencies including UIDAI and even foreign govt departments. "This case also needs such careful verification, which is still going on," said Justice Borkar. Sardar's Aadhaar, PAN and voter ID "cannot be treated as sufficient proof of lawful citizenship at this stage, particularly when the very authenticity of such documents is under investigation." Prosecutor Megha Bajoria said if given bail, Sardar may abscond, get another false identity and it would hamper probe and have implications for national security. Stay updated with the latest local news from your city on Times of India (TOI). Check upcoming bank holidays , public holidays , and current gold rates and silver prices in your area.
Time of India
16-07-2025
- Time of India
‘May use position to influence kid': No HC bail to priest in child sex abuse case
Mumbai: Considering his position in the community, Bombay high court rejected the bail plea of a priest who sexually abused a minor in Oct 2020 inside a temple. "This position of authority and influence in the local community creates a significant risk that the accused may use his social standing to influence the victim child and his family members. The victim being a minor child is particularly vulnerable to such influence, and any attempt to tamper with his testimony could seriously prejudice the prosecution case and defeat the ends of justice," said Justice Amit Borkar on Monday. According to the prosecution, on Oct 26, 2020, between 5-5:30pm, the accused (then 45) took advantage of the minor (then 15), gave him Rs 40 and made him engage in a sexual act. The priest was arrested the next day by Bhiwandi city police and an FIR registered under IPC Section 377 (unnatural offences) and Posco Act, including for penetrative sexual assault. The chargesheet was filed in Dec 2020. You Can Also Check: Mumbai AQI | Weather in Mumbai | Bank Holidays in Mumbai | Public Holidays in Mumbai Citing his continuous custody of over four years, the priest's advocate Ashok Dubey said unreasonable delay in completion of the trial violates his fundamental right to speedy trial under Article 21 (Right to Life). In Nov 2023, HC while rejecting his bail plea allowed him to apply afresh after the recording of the boy's statement, which was delayed by six months. Prosecutor Mahalakshmi Ganapathy and advocate Sagar Rane, appointed to represent the boy, opposed the priest's release. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Villas Prices In Dubai Might Be More Affordable Than You Think Villas In Dubai | Search Ads Get Quote Undo Justice Borkar was "particularly concerned" about their submissions regarding the likelihood of him using his position and influence as a priest "to influence the victim child and his family members, thereby jeopardising the fair trial". Justice Borkar agreed the CCTV footage "graphically records the entire incident as narrated by the victim child". He said the grant of bail is a judicial discretion which must be exercised judiciously. "In cases under the Pocso Act , the courts are required to be particularly cautious as these offences involve the safety and protection of children, who are the most vulnerable members of society," he said. Justice Borkar noted the CCTV panchnama, duly supported by a verification certificate under Information Technology Act, "appears to corroborate the version of the prosecution case". "After carefully weighing all relevant factors, this court finds the interests of justice would not be served by releasing the applicant on bail at this stage," he said. However, considering the accused's "prolonged incarceration," he directed the trial court to expeditiously conduct the trial. He granted him liberty to apply for bail after 6 months if trial is not completed.
Hindustan Times
10-05-2025
- Business
- Hindustan Times
Deemed conveyance can't be denied due to delay on part of the builder: HC
MUMBAI: In a significant ruling strengthening the rights of homebuyers, the Bombay high court (HC) on Friday held that a developer's failure to complete a housing project within the stipulated time cannot be used as a reason to deny flat owners their right to deemed conveyance under the Maharashtra Ownership Flats Act (MOFA), 1963. Deemed conveyance refers to the legal transfer of land and building title from the builder to the housing society, even without the builder's cooperation, once the society is formed and other legal conditions are met. Justice Amit Borkar, presiding over a single-judge bench, passed the order while allowing a petition filed by an association of three cooperative housing societies. The group had challenged a decision by the competent authority rejecting their application for deemed conveyance. The dispute dates back to 1995, when Abhinav Real Estate Pvt Ltd (now Neelkanth Realtors Pvt Ltd) undertook the development of 52,609 sq m of land in Majiwada, Thane. This development plan was reaffirmed in 2002. Eventually, eight residential buildings housing 740 flats and 29 commercial units were constructed and sold to individual buyers. Housing societies — Rameshwar CHS (2004), Mansarovar CHS (2005), and Girija CHS (2011) — were formed under MOFA. In 2024, frustrated by the builder's prolonged failure to execute conveyance deeds, the three societies joined forces and formed an association to seek deemed conveyance from the competent authority under MOFA. However, the builder opposed the move, arguing that the association was formed improperly and that it was already facing de-registration proceedings. The competent authority rejected the application, citing that the land was part of a larger layout and that the builder had plans for further development using additional Floor Space Index (FSI) and Transferable Development Rights (TDR). Justice Borkar dismissed the developer's contentions, stating, 'The right of flat purchasers to receive conveyance crystallises once the society is formed. This right does not depend on any vague promises or future intentions of the promoter to construct additional buildings or complete an entire layout.' He added, 'Once a reasonable time has passed, the promoter is legally bound to convey the property. In this case, the promoter has neither completed the remaining development nor provided any concrete plan to do so. They cannot be permitted to use their own delay as a shield to obstruct the rights of the society.' The court directed the District Deputy Registrar, Cooperative Societies, Thane, to issue a deemed conveyance certificate to the association, effectively granting ownership rights to the housing societies.
