The Bombay High Court on Tuesday dismissed the bail plea of Babu Abdul Ruf Sardar, who is accused of illegally entering India from Bangladesh and obtaining forged Indian identity documents. The court cited national security concerns, the ongoing investigation, and the risk of absconding as key reasons for the rejection.
Justice Amit Borkar, while delivering the order, observed:
“In my opinion, the Citizenship Act, 1955 is the primary and controlling law for determining nationality in India today. Possessing documents such as an Aadhaar card, PAN card, or voter ID does not, by itself, confer citizenship. These are identification tools or service access documents, but they cannot override the legal requirements for citizenship under the Act.”
Sardar faces charges under Sections 335 (causing grievous hurt), 336(3) (endangering life or personal safety of others, aggravated form), and 340 (wrongful confinement) read with Section 3(5) (aggravated offence) of the Bharatiya Nyaya Sanhita, 2023. He is also booked under Sections 3(a) and 6(a) of the Passport (Entry into India) Act, 1950, and Sections 3(1), 3(2), and 14 of the Foreigners Order, 1948.
The court noted that verification of Sardar’s Aadhaar and other documents by the UIDAI and relevant authorities is still pending. It concluded that releasing him at this stage would be “neither proper nor prudent.”
While rejecting the bail plea, the court permitted Sardar to renew his request if the trial is not completed within one year.
