Deportation of Indian man accused of being Bangladeshi stayed by HC

Bengaluru: The Karnataka High Court on July 6 stayed the deportation of a Muslim man who claimed he had been wrongly identified as a Bangladeshi national and asserted that he is an Indian citizen by birth.

In his petition, Abdul Rahim said he was born in Seemapuri, New Delhi, in 1979 and had lived and worked in India throughout his life. He stated that he moved to Bengaluru in 2014, where he started a government-registered waste management business. He also submitted that he holds a Goods and Services Tax (GST) registration under the Karnataka Goods and Services Tax Act, Siasat Daily reported.

After hearing the petition, Justice Suraj Govindaraj directed the Foreigners Regional Registration Office (FRRO) in Bengaluru to verify Rahim's identity. The court asked the authorities to ascertain whether he was the same individual whose conviction in a foreigner case is currently under challenge before the Allahabad High Court.

The High Court restrained the authorities from deporting Rahim until the next hearing on July 14. It directed the FRRO to obtain instructions regarding the proceedings pending before the Allahabad High Court and determine whether that case and the present deportation proceedings involve the same individual.

According to the petition, Rahim was detained by the Bengaluru Police and lodged at Parappana Agrahara Central Prison on March 5 during a drive against undocumented Bangladeshi immigrants. He was subsequently handed over to the FRRO.

The petition stated that the FRRO ordered him to remain at the Utile Foundation detention centre on the same day after identifying him as Bangladeshi national Md Rahim Howladar, son of Md Motaled Howladar.

Appearing for Rahim, advocate Clifton D. Rozario argued that his client is an Indian citizen by birth. To support this claim, he submitted documents including Rahim's Aadhaar card, birth certificate, Permanent Account Number (PAN), voter identity card, driving licence and other family records.

The counsel further argued that the detention order was issued without prior notice, without giving Rahim an opportunity to be heard and without conducting a thorough inquiry into his citizenship. The petition contended that the procedure violated his fundamental rights under Articles 14, 21 and 22 of the Constitution. It also stated that his detention had disrupted his livelihood and caused hardship to his wife and infant child.

The petition referred to a 2010 case in Uttar Pradesh in which Rahim was convicted in 2012 under the Foreigners Act, 1946, for allegedly entering India illegally from Bangladesh. It stated that he had challenged the conviction before the Allahabad High Court, which admitted the appeal and granted him bail. The matter is reportedly awaiting a final decision.

Rahim's counsel also argued that the FRRO's action amounted to double jeopardy, contending that fresh proceedings had been initiated despite the earlier case remaining pending before the Allahabad High Court.

Rahim has urged the Karnataka High Court to quash the FRRO's detention order and direct his release, maintaining that he is an Indian citizen who has been wrongly identified as a Bangladeshi national. The matter is scheduled to be heard again on July 14.