HC sets guidelines for illegal immigrants facing crime cases

Cuttack: Orissa high court issued a detailed set of guidelines for police, courts and state authorities on handling cases involving illegal immigrants and foreign nationals facing criminal prosecution, while granting bail to a Bangladeshi national accused of illegally entering India and procuring Indian identification documents.While issuing the guidelines, Justice Gourishankar Satapathy said the state lacked a comprehensive mechanism to deal with illegal immigrants involved in criminal cases. The advisory guidelines could help “streamline the proceedings concerning foreign nationals who are illegal immigrants to avoid any anomalies and difficulties,” the judge said in the May 19 judgment, the copy of which was released online on Thursday.The high court directed that a copy of the order be sent to the chief secretary, additional chief secretary of home department, Odisha and the DGP for compliance and the soft copy of order be made available to all the criminal courts of the state, the director of Odisha Judicial Academy and the member secretary of Odisha State Legal Services Authority for guidance.The guidelines were issued while granting bail to Md. Abu Saeed Howladar, 56, who was arrested on Sept 5 and is currently lodged in Aska jail. He claimed to have entered India from Bangladesh in 1991 in search of a livelihood and had been residing in the country for over three decades.Senior advocate Bibhu Prasad Tripathy, representing Howladar, argued that bail cannot be denied solely on the ground of foreign nationality, stating that Article 21 of the Constitution protects all persons, including foreigners, ensuring liberty except by due process. Granting bail, the high court directed him to furnish a bond of Rs 50,000 with solvent sureties and comply with conditions imposed by the trial court.HC directed that whenever offences under the Foreigners Act, 1946, or other laws are detected against a foreign national lacking valid travel documents, criminal proceedings should be initiated immediately without unnecessary delay. It also asked jurisdictional police to promptly alert competent authorities and prioritise investigation for speedy completion.Justice Satapathy said courts should dispose of bail applications of such accused persons expeditiously. If bail is denied, the accused may remain in regular jail till conclusion of trial. In cases where bail is granted, courts must inform competent authorities to enable action under Sections 3(2)(e) and 3(2)(f) of the Foreigners Act.The HC further laid down separate safeguards for women and children. He observed that women illegal immigrants, including those with infant children, may be kept either in jail or detention centres with facilities prescribed under existing rules and according to Supreme Court guidelines. Cases involving children must be handled strictly under provisions of the Juvenile Justice (Care and Protection of Children) Act, 2015.The HC also stressed speedy trial in such matters and said courts should ensure legal procedures are not misused as a means for overstaying in the country. It added that acquitted foreign nationals whose nationality disputes remain unresolved could still be lodged in detention or holding centres till deportation.According to case records, Howladar, a permanent resident of Bangladesh and born in 1972–73, illegally entered India in 1991 at the age of 20 in search of a livelihood. After initially residing in Birhat, West Bengal, he later shifted to Aska, where he earned a living repairing umbrellas. In 2001, he married Tehera Banu of Aska and the couple has four children. In 2004, Howladar reportedly went to Bangladesh with his wife and two children, left his elder daughter there with her grandparents and later re-entered India.