A Thane court has rejected the bail plea of a 42-year-old Bangladeshi national arrested for illegally staying in India and observed that an Aadhaar card cannot be considered proof of citizenship.
District Judge R S Patil Bhosale rejected the bail application of Mohammad Nasir Hafiz Saddar, who was booked under IPC sections pertaining to cheating and forgery, and provisions of the Passport (Entry into India) Act and the Foreigners Act along with 11 other Bangladeshi nationals.
The judge said last week that it has been rightly submitted by the prosecution that an Aadhaar card cannot be considered proof of citizenship.
“It has been observed by the Calcutta High Court that the Aadhaar card by itself shall not confer any right of or be proof of citizenship or domicile in respect of the holder thereto,” he said.
In view of these facts, if the accused is released on bail, there is a possibility of his absconding as he prima facie appears to be a foreigner, the court said.
Considering the facts and punishment prescribed for the alleged offence, it will not be just and proper to release the accused on bail, the judge said in his order on July 21
According to the prosecution, Saddar had been residing in Thane’s Mira Road area since March 2016 without valid documents or a passport.
He was arrested along with 11 others in December 2016 for allegedly staying in India illegally.
During the investigation, he produced a fabricated PAN card, an Aadhaar card, a ration card, an election card and a school transfer certificate, the prosecution said.
The judge said the school transfer certificate submitted by the accused was fake as the educational institution concerned in West Bengal denied issuing it.
The accused opened a bank account on the basis of his passport, birth certificate, Aadhaar card, PAN card and the school transfer certificate, he noted.