Mumbai: A passport cannot be considered the only proof of citizenship, and documents such as Aadhaar card and PAN card among a host of similar documents indicate that the holder is an Indian citizen unless these are determined to be bogus by competent authorities, according to a session court in Maharashtra.

"A passport cannot be considered the only proof of citizenship. Many Indian citizens do not hold a passport, but that does not make them foreigners. Hence, unless and until documents such as the Aadhaar card, PAN card, school leaving certificate, bank passbook, birth certificates of children, income tax returns, LIC policy, ration card, house tax receipt, domestic gas receipt, Udyam registration certificate, shop and establishment certificate, Gram Panchayat certificate, and sale deed copy of the applicant are determined to be bogus by competent authorities, they must be treated at face value.

"Such documents prima facie indicate that the applicant is an Indian citizen, the session court in neighbouring Thane city observed in its order made available on Sunday.

The observation was made by the Thane Sessions Court, presided over by Judge A.S. Bhagwat, while granting bail to Pankaj Das, a Mira Road-based man who was arrested by the local police on allegations that he was a Bangladeshi resident who had entered and was residing in the country without legal documents.

The court dismissed the prosecution’s case and reprimanded the police for arresting the accused solely because he did not have an Indian passport.

While granting bail, the court held that not all Indians possess a passport, and the absence of one does not make a person an illegal resident of the country.

Das was granted bail on a personal bond and a surety bond of Rs 50,000.

The court noted that Das had been in jail for over a month and that custodial interrogation was unnecessary.

“The allegations against the applicant must be proven in trial. The other allegations are part of the trial and must be proven beyond reasonable doubt. Nothing remains to be recovered from the applicant, and keeping him behind bars serves no purpose since his physical custody is not required for further investigation. The veracity of the allegations can be determined at trial, which will take a long time to conclude,” the court observed.