RANCHI: Dismissing the criminal appeal filed by Bangladeshi national Mohammad Najmul Hawaldar, who was convicted of illegally entering and residing in India, the Jharkhand High Court observed that since he had confessed to the offence before the trial court, his appeal could be considered only on the legality or quantum of the sentence.
The court also expressed displeasure over the failure to deport foreign nationals promptly after they complete their sentences and their citizenship is verified. It observed that keeping such individuals in prison and providing them with food and other amenities at taxpayers’ expense was inappropriate.
Therefore, the court of Justice Sanjay Prasad directed the authorities in Jharkhand and West Bengal, along with the Union Government, to expedite the deportation of a Bangladeshi national convicted under the Foreigners Act, 1946, and two other Bangladeshi women, observing that delays in repatriation despite the completion of sentences required urgent attention.
The court also directed the Sahibganj Superintendent of Police to inquire into the alleged role of two persons, identified as Rahul and Md. Sagar, who were named in the case as having allegedly helped the appellant enter India or find employment.
Najmul Hawaldar, a resident of Bagerhat district in Bangladesh, was convicted by the Additional Sessions Judge-I, Rajmahal, on June 15, 2024, under Section 14A(b) of the Foreigners Act, 1946. Four days later, on June 19, he was sentenced to two years of rigorous imprisonment and fined ₹10,000.
According to the prosecution, police apprehended him near Taljhari railway station in Sahibganj district on February 24, 2023, following information about a suspicious person speaking Bengali. He allegedly told the police that he had entered India without a passport or other travel documents and travelled to Delhi, where he worked as a scrap dealer.
Hawaldar subsequently pleaded guilty before the trial court.
In its judgment dated September 29, 2026, the Jharkhand High Court held that his appeal was not maintainable under Section 416 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), which bars appeals against convictions based on guilty pleas, except on grounds relating to the legality or extent of the sentence.
During the proceedings, the State informed the High Court that Hawaldar had completed his sentence and was transferred to the Holding Foreigners Camp in Hazaribagh on March 1, 2025, for repatriation to Bangladesh.
However, he and two other Bangladeshi nationals, identified as Rina Khan alias Fina Devi and Nipah Akhtar Khushi, allegedly escaped from the facility on June 9, 2025. They were subsequently apprehended, and a separate case was registered at Lohsingna police station in Hazaribagh.
The State also informed the court that the authorities had initiated correspondence with the Ministry of External Affairs and the Bangladesh Deputy High Commission regarding nationality verification and travel documents.
The Union Government submitted that deportation or repatriation would ordinarily take place after the conclusion of pending legal proceedings, unless the court directed otherwise.
Expressing concern over the delay, the court called for the repatriation process to be expedited and directed the concerned authorities to take the necessary steps in accordance with the law.