Mumbai court rejects bail plea of man suspected to be Myanmar national, cites calls to relatives in Bangladesh

Mohammed Rafiq, whose mother was from Myanmar, was arrested by the police for allegedly entering India without a valid visa.

The court said photocopies of Aadhaar and PAN could not prove Indian citizenship.A Mumbai court denied bail to a man accused of illegally entering India from Myanmar, citing alleged calls to Bangladesh and lack of valid documents.

Alleged calls and chats with his relatives in a Bangladesh shelter home were among the grounds cited by a Mumbai court on Thursday to reject the bail application of a man suspected to be a Myanmar national.

Mohammed Rafiq was arrested by the police for allegedly entering the country without a valid visa. He submitted to the court that his father was an Indian citizen, while his mother, who was from Myanmar, had acquired Indian citizenship after marriage.

“In case the accused is released, it would amount to giving permission to the accused to stay here without a valid Visa. Further, the possibility of tampering with the witnesses and fleeing away from the proceeding cannot be ruled out. If the accused is absconding, there will be a great fatal to proceedings [sic],” Additional Chief Judicial Magistrate K S Zanwar said in his order.

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During the hearing, the Mumbai Police opposed Rafiq’s bail plea, claiming that he had not been able to furnish Indian documents. Rafiq had relied on photocopies of his Aadhaar card and PAN card, but the court said that the mere existence of these documents cannot be treated as sufficient proof of lawful citizenship.

They also claimed that the investigation officer found a phone with a series of numbers starting with Bangladesh’s country code, as he had called his relatives from Myanmar, including an aunt residing in a shelter home in Bangladesh.

The police claimed that Rafiq had crossed over illegally to India with his mother because of poverty and unemployment.

Rafiq has been booked under sections of the Foreigners Act.

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