Mumbai: Observing that a citizen of another country who is a foreigner cannot claim the same rights and facilities as those of an Indian citizen, a magistrate’s court convicted and sentenced a 32-year-old Bangladeshi national to five months of imprisonment for entering and living in the country illegally. The court said the accused, Mohammed Moliya, stayed here and purported himself to be an Indian national.
“To my mind, if such leniency is given, the same may prove dangerous to national security and even to the legitimate rights of Indian citizens, as because of such unauthorised entries, the foreigners can give taxation on the economy of India.Therefore, I hold that the accused is liable to be convicted and sentenced to imprisonment for a justified period,” said additional chief judicial magistrate KS Zanwar. The magistrate also said the accused is liable for deportation. “Prosecution is directed to take the deportation action against the accused after he has undergone the sentence, if he is not wanted in any other case,” the magistrate said.
On April 16, 2014, a cop attached to Kharghar police station received information from a secret informer that a “Bangladeshi infiltrator” was about to arrive below a pedestrian bridge on Western Express Highway in Bandra (East). It was submitted that a trap was arranged and during the raid, the accused was detained. The prosecution submitted that during enquiry, it was revealed that he was a Bangladeshi national. The prosecution further submitted that the accused entered India without any travel documents and prior permission of the authorities. Accordingly, an FIR was lodged and the accused was arrested.
Charges were framed against the accused under the Passport (Entry into India) Rules, and Foreigners Order. The accused pleaded not guilty. The prosecution examined two witnesses, including the cop who received the information and the investigating officer.
The magistrate said, “…during cross-examination, except for denial, nothing fruitful has come on record to prove his citizenship. In spite of ample opportunities, the advocate for the accused failed to furnish defence evidence. In spite of seeking ample adjournments, the accused failed to furnish oral as well as documentary defence evidence to show he is an Indian citizen,” the magistrate said.
The magistrate further said the prosecution has successfully proved beyond reasonable doubt that the accused had entered India without the permission of the Civil Authority, without valid travel documents, and that too through an unauthorised route.