The Division Bench examined documents including Aadhaar Card and others submitted by Mukti Karmakar to prove Indian citizenship. Ruling that Aadhaar Card is not proof of citizenship per the Aadhaar Act, the Court rejected the bail application.
Prayer for bail under Section 439 CrPC is rejected.
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20.01.2023 as/tkm/ct 28 sl no.37
C.R.M. (DB) 255 of 2023
In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Swarupnagar Police Station Case No.1135 of 2022 dated 27.11.2022 under Section 14A(b) of the Foreigners Act and section 12 of the PP Act
And In Re : Mukti Karmakar …….. petitioner Mr. Sabir Ahmed Mr. Abdur Rakib Mr. B Sarkar …… for the petitioner Mr. Prasun Datta Mr. N Dhali ..... for the State
Petitioner submits she is an Indian national. She relies on
documents in support of her plea of citizenship.
Learned lawyer for the State opposes the prayer for bail.
We have examined the documents namely Aadhar Card, PAN
Card, certificate of enrolment under Food Security Scheme and birth certificate of her daughter.
In view of the provision of Section 9 of the Aadhaar (Targeted delivery of Financial and other Subsidies Benefits Services) Act, 2016, the Aadhaar Card is not a proof of citizenship. The other documents are not conclusive with regard to plea of citizenship.
Hence, we are not inclined to grant bail to the petitioner on the strength of the aforesaid documents.
Accordingly, the prayer for bail is rejected.
(Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)
3 issues framed by the court
Whether the documents submitted by the petitioner including Aadhaar Card prove Indian citizenship for granting bail.
Whether the petitioner is entitled to bail under Section 439 CrPC in connection with the Foreigners Act case.
Whether the Aadhaar Card constitutes proof of citizenship under Section 9 of the Aadhaar Act, 2016.
4 provisions across 4 enactments
Mukti Karmakar
The State
Ajay Kumar Gupta
Joymalya Bagchi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
