Holding that passports and voter identity cards are sufficient proof of citizenship, a magistrate court has acquitted a father and son accused of illegally entering the country from Bangladesh.
Mohamed Mulla (57) and Saiful (23) were arrested in 2017 after police received a tip-off about “Bangladeshi infiltrators” living at Shivaji Nagar in Mumbai. The cops claimed they spoke in a language native to Bangladesh and could not produce sufficient documents to prove that they were Indian citizens.
But the duo presented Indian passports and voter ID cards in court. “To my mind, the passport is a document sufficient to prove the nationality of accused No. 2 (Saiful). Similarly, the voter card or the election card used to be issued in favour of the voter on the declaration that he is citizen of India. The document is sufficient to prove the nationality of accused Mohamed,” said the court.
Ration card, Aadhaar not enough to prove nationality
It clarified that other documents such as ration card, Aadhaar card and other identity cards are not enough to prove nationality. While Aadhaar card does not confer any right or proof of citizenship, the ration card is issued only on “humanitarian grounds” for protecting the persons from starvation and cannot be termed as proof of citizenship. “However, at the time of issuance of passport, the authorities verify the nationality and other relevant factors of the applicant,” said the court.
Ruling in favour of the Mullas, the court held that police had not produced any evidence to show that the documents were fabricated or forged. “I have arrived at the conclusion that the prosecution miserably failed to prove that the accused persons are foreigners and that they had entered India through unauthorised routes without holding valid documents.”
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