CUTTACK: In a significant order aimed at streamlining legal proceedings involving foreign nationals and illegal immigrants, the Orissa High Court has issued a comprehensive set of advisory guidelines while granting bail to a Bangladeshi national accused of illegally entering India and obtaining Indian identity documents.
The single judge bench of Justice Gourishankar Satapathy passed the order on May 19 in the case of Md Abu Saeed Howladar (56), who has been lodged in Aska jail since his arrest on September 5 last year.
Justice Satapathy observed that there were no comprehensive state guidelines dealing with illegal immigrants or foreign nationals facing criminal prosecution. To avoid “anomalies and difficulties”, the Judge issued 12 advisory directions for police, courts and state authorities handling such cases.
Among the key directions, the court said criminal proceedings under the Foreigners Act, 1946, and other applicable laws should be initiated without delay against foreign nationals lacking valid travel documents. Police authorities have been directed to immediately inform competent authorities after registration of such cases and expedite investigations.
The court stated that if bail is denied, illegal immigrants may remain in regular jail during trial. However, if bail is granted, courts must inform competent authorities so that action under sections 3(2)(e) and 3(2)(f) of the Foreigners Act can be initiated. The bench also stressed speedy trial of such cases and directed courts to prevent legal processes from being misused for prolonged stay in India.
The court recommended that women with infants may be kept in detention or holding centres with proper facilities, while cases involving children must strictly follow the Juvenile Justice Act, 2015. It further stated that even after acquittal, foreign nationals whose nationality remains disputed may be kept in detention centres until deportation. The court advised the state government to adopt the Model Detention Centre Manual, 2019, establish detention centres in every district and frame a standard operating procedure for their management.
Senior advocate Bibhu Prasad Tripathy, appearing on Howladar’s behalf, argued that bail cannot be denied solely on the ground of foreign nationality, stating that Article 21 protections extend to all persons, including foreigners, ensuring liberty except by due process.
The case records said Howladar illegally entered India in 1991 at the age of 20. 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.
The HC directed that a copy of the order be sent to the chief secretary, additional. chief secretary Home department and DGP for compliance. The soft copy of order be also made available to all the criminal courts of the state, director Odisha Judicial Academy and member secretary, Odisha State Legal Services Authority for guidance.
