The Karnataka High Court on Monday refused to quash a case filed against a man from West Bengal accused of illegally creating Aadhaar cards, PAN cards and rental agreements for Bangladeshi nationals [Arnab Mandal v. State of Karnataka].
While hearing a petition to quash the arrest of the 27-year-old man, Justice M Nagaprasanna said that such acts were against the interests of the nation.
“Fake Aadhaar card creation - you are the one who is destroying everything by giving fake Aadhaar cards to persons who come from other countries. They are not Indians, and you are giving them fake Aadhaar cards. You are acting against the interest of the nation,” the Court observed.
Appearing for the petitioner, Advocate Rakshit R argued that Sections 336(2) and 336(3) of the Bharatiya Nyaya Sanhita (BNS) - relating to forgery - would not apply to the petitioner.
He further submitted that Section 14 of the Foreigners Act was inapplicable since the petitioner was not a foreign national. He pointed out that the petitioner had been in custody since January 22, 2024 and had completed nearly half of the maximum sentence period.
The Court lamented the petitioner's indifference toward the country.
“Have some concern for the nation. Making fake Aadhaar cards is becoming rampant and you say no offence is made out? Is this not enough? You have printed fake Aadhaar cards for whoever comes. They are not even Indians. Where are we heading?...Every person who is not a citizen of this country has an Aadhaar card. Why? Because of people like you. That becomes the foundation for every other right they claim. How much vigil can the State have if people continue doing this? Aren’t you Indian?”
When counsel sought quashing of the proceedings and interim protection, the Court declined to provide any relief, stating,
“You are rightly in custody. If you seek some other relief, no problem, but not this. I will direct the concerned court to conclude the trial. There is no question of interference. File a bail application. Do not come before this Court seeking quashment. If I write something, then you may not get bail either.”
Counsel representing the petitioner then sought permission to withdraw the petition and avail the remedy of bail before the trial court on the ground that the petitioner had already undergone custody for a substantial period.
The Court disposed of the petition accordingly.