Representational photo

MUMBAI: Iterating that Aadhaar card is not proof of citizenship , a magistrate court recently convicted and sentenced a 35-year-old Bangladeshi woman to one-year imprisonment for illegally entering and living in the country.

The Dahisar (East) resident, Jyoti Gazi alias Tasleema Robiul, was convicted under the Passport (Entry into India) Rules and the Foreigners Order. “It is pertinent to note that the PAN card, Aadhaar card or sale deed are not the documents sufficiently proving the nationality of any person. To establish one’s citizenship, normally one is required to give evidence of the date of birth, place of birth, name of parents, their place of birth and citizenship. Sometimes, the place of birth of grandparents may also be relevant,” the magistrate court said.

The court further said in such cases, the burden of proof is on the accused to prove that she is not a foreigner.

While Robiul claimed she was a West Bengal native who came to the city 15 years ago, the magistrate court observed it has been proved that she is a Bangladeshi citizen and had entered India without a valid passport and travel documents. It refused to grant leniency to Robiul on the grounds that she was a woman.

“To my mind, if such leniency is given, the same may prove dangerous to the national security and even to the legitimate rights of Indian citizens as because of such unauthorized entries, the foreigners can give taxation on the economy of India,” the court said. The court directed the prosecution to take deportation action against Robiul after she undergoes the sentence. Robiul was booked with 16 others in 2009. The others “absconded” though and only she was tried.

The prosecution’s case was on June 8, 2009, police received secret information about some illegal immigrants in Rawalpada slum area, Dahisar (East). The next morning at 1.30am, a raid was conducted and six men, four women and a child found. It was alleged they could neither give satisfactory answers about their nationality nor show relevant documents. It was suspected the group had migrated from Bangladesh. The prosecution claimed they had given information about relatives in Bhayander. During a subsequent raid in Bhayander, cops allegedly found three women, a man and a child. The prosecution said they admitted they were Bangladeshi nationals. It said the 17 persons were taken to the CID’s immigration branch. They could not produce nationality papers and were booked.

