In a recent order passed in connection with the bail petition for a father-daughter duo, who are said to hail from Bangladesh, but have been living in India for several years, the Karnataka High Court examined key issues related to the treatment of illegal immigrants till they are deported to their country of origin, especially if a child is involved.
46-year-old Babul Khan and his 20-year-old daughter Taniya had allegedly migrated to India from Bangladesh without a proper passport or visa. They lived in West Bengal for several years and came to Bangalore for the medical treatment of Taniya’s minor son. This is where they were booked for committing offences under sections 14 A and 14 B of the Foreigner’s Act (1946). Some bullets were also recovered from them as were Aadhar Cards that they allegedly obtained using false information. Thus, they were also booked under section 25 of the Arms Act as well as section 34 of the Aadhar Act. The two were arrested and remanded to judicial custody, where they have spent over an year. Taniya’s minor child has been living with her in jail.
The court examined the question of granting bail while clarifying that it did not mean legitimising the stay of illegal migrants in India. It also looked into transferring people to detention camps till the pendency of their trial, or even after acquittal till the day they were deported to the country of their origin. This especially when the ‘foreigners’ are either being tried for or have been convicted of committing offenses other than those that fall under the Foreigners Act or Passport Act. The court was especially concerned about the welfare of women inmates and their children in such cases, emphasizing that the child in such cases be given all rights in accordance with the United Nations Declaration of Rights of the Child, including being allowed to “develop physically, mentally and socially, in a healthy and normal manner with dignity.”
The petitioners submitted that they were residents of West Bengal and were rag-pickers. They claim that they were in town for medical treatment of the minor child when they were falsely implicated and arrested in the case. They also said that after the treatment of the child, they were planning to leave India.
The court directed that they be released on bail on executing personal bond for a sum of Rs 50,000/- each with one surety for the like sum. The court directed that they be lodged at a Detention Center in or near Bangalore during the pendency of the trial.
The entire order may be read here:
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