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Voter ID unobjectionable proof of Citizenship – Mumbai Court

2020-02-20

Additional Chief metropolitan Magistrate, Esplanade Court in Mumbai acquitted 2 persons accused of being Bangladeshi Infiltrators by the Mumbai Police. It was held by the court that an election card or voter ID is sufficient proof of citizenship as a person has to file declaration with the concerned authority in view of Form 6 of Representation of the People Act, that he is citizen of India and if the declaration is found false, the concerned person is liable for punishment.

Facts –

  • The police told the Court that the case was taken on the basis of "secret information" received in March 2017 that some "Bangladeshi infiltrators" are residing in Mumbai.
  • The probe showed that the accused persons had entered into India through unauthorized route without valid document of entry because of the poverty and starvation spread over in Bangladesh.

Judgement –

  • The first accused Abbas Shaikh filed his Aadhar Card, PAN Card, Election Card, Passbook, Health Card and Ration Card. The second accused Rabiya Khatoon filed her Aadhar Card, Pan Card and Election Card.
  • The Court held that these are admissible in evidence, being documents issued by public authorities.
  • The Court also held that though Aadhaar card, PAN card, driving license or ration card cannot be termed as documents proving citizenship, election card can be a sufficient proof of citizenship.

Thus, both the accused were acquitted observing that "prosecution utterly failed to prove the charges leveled against the accused persons under Rule 3 punishable under Rule 6 of the Passport (Entry into India) Rules, 1950, and under Para 3(1) of the Foreigners Order, 1948 punishable U/Sec. 14 of the Foreigners Act, 1946

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