Jharkhand HC directs expedited deportation of Bangladeshi national, seeks compliance report by Nov 25
THE JHARKHAND STORY NETWORK Ranchi, October 13: The Jharkhand High Court has directed the authorities in Jharkhand and West Bengal, along with…
THE JHARKHAND STORY NETWORK
Ranchi, October 13: The Jharkhand High Court has 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 a sentence require urgent attention.
Justice Sanjay Prasad, while dismissing Criminal Appeal (S.J.) No. 341 of 2025 filed by Md. Najmul Hawaldar, 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.
The court directed the state authorities to submit a compliance report by November 25, 2026.
Appeal Dismissed After Conviction Under Foreigners Act
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. On June 19, 2024, 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 police that he had entered India without a passport or other travel documents and had travelled to Delhi, where he worked as a scrap dealer.
The appellant subsequently pleaded guilty before the trial court. In its September 29, 2026, judgment, the High Court held that his appeal was not maintainable in view of Section 416 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), which restricts appeals following convictions based on guilty pleas, except in specified circumstances relating to the legality or extent of the sentence.
The court dismissed the appeal accordingly.
Repatriation Delayed Despite Completion of 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, Justice Prasad called for the repatriation process to be expedited and directed the concerned authorities to take necessary steps in accordance with law.
Court Orders Inquiry into Alleged Facilitators
The High Court directed the Sahibganj Superintendent of Police to conduct an inquiry into the alleged role of Rahul and Md. Sagar, whose names appeared in the original case.
According to the prosecution account, Hawaldar had allegedly claimed that he entered India with assistance from Sagar and travelled onward with the help of Rahul. The court directed an inquiry into whether the two had facilitated his entry into India or helped him obtain employment.
The direction seeks to establish the circumstances surrounding the alleged assistance and whether further action is warranted.
Senior Officials Directed to Ensure Compliance
The High Court ordered that a copy of its judgment be sent to senior authorities in Jharkhand and West Bengal, as well as the Union Ministries of Home Affairs and External Affairs.
The list includes the chief secretaries and police chiefs of both states, relevant district authorities, and senior officials of the Union Government.
The court warned that failure to comply with its directions could invite serious judicial scrutiny and directed the authorities to submit a compliance report by November 25, 2026.
The judgment places responsibility on the concerned authorities to expedite the repatriation process while addressing the legal proceedings arising from the alleged escape from the detention facility.
