BENGALURU: A city court refused to grant anticipatory bail to Alauddin, who has allegedly brought more than 400 Bangladeshi nationals illegally into Bengaluru, and facilitated their settlement.
Judge Shirin Javeed Ansari, 69th Additional City Civil and Sessions Court, passed the order, rejecting the anticipatory bail application filed by Alauddin (45), residing in Electronics City in Bengaluru.
The court noted that the petitioner had brought more than 400 Bangladeshi nationals illegally into Bengaluru and facilitated their settlement. If proved, this is not only a grave statutory violation, but also an act prejudicial to the safety and sovereignty of the State.
The offence, under Section 14 of the Foreigners Act, is cognizable and non-bailable, with the objective of protecting the territorial and demographic integrity of the country. Grant of pre-arrest bail in such cases may dilute the law and hamper the investigative process, the court observed.
The court said evidence points towards potential acts of national infiltration and impersonation. Releasing the petitioner on anticipatory bail would be against the interests of justice and security of the state. The apex court has categorically held that in cases where national integrity, illegal immigration and cross-border infiltration are involved, courts must exercise restraint while invoking discretionary powers for anticipatory bail, the court added.
The special public prosecutor filed objections, stating that the applicant has two identity documents -- an Aadhaar card issued in India in the name of ‘Alauddin bin Abdul Latif’ and another a National ID card issued by the People’s Republic of Bangladesh in the name of ‘Alladin Howladhr’.
These have a different date of birth and spelling. He is in contact with several Bangladeshi nationals illegally residing in India, and has facilitated the entry of over 400 illegal migrants from Bangladesh. He has been using international communication applications such as IMO to contact persons in Bangladesh, and his CDR details indicate frequent communication with foreign nationals illegally residing in India, the prosecutor pleaded.
Independent allegations
Seeking anticipatory bail in the event of his arrest by CCB police, in connection with offences under Section 14 of the Foreigners Act and Sections 6 and 12 of the Passport Act, Alauddin claimed he is a bona fide Indian national, originally from West Bengal, residing in Bengaluru and working as a mason.
He is being repeatedly called for an inquiry by CCB police and Bannerghatta police on suspicion of being an illegal Bangladeshi migrant. A similar FIR was registered in 2019 by the Gautam Budh Nagar police station in Uttar Pradesh, and he was granted bail.
The court said it appears the Karnataka police are taking action in connection with independent allegations arising within this jurisdiction, particularly in Bengaluru.