A court in Pune has delivered a significant verdict, ordering the deportation of 18 Bangladeshi nationals after convicting them for illegally entering and residing in India without valid documents. The ruling, issued by Additional Sessions Judge UP Kulkarni on January 5, brings closure to a case that began with a police raid last year.
The Raid and Arrest in Budhwar Peth
The case came to light on September 1, 2023, when the Pune police conducted a raid on a building located in the Budhwar Peth area. During the operation, law enforcement officials discovered the 18 accused individuals living on the second and fourth floors of the building. The group comprised ten women and eight men.
Upon questioning, all 18 admitted to being citizens of Bangladesh. Crucially, they could not produce any passports or other valid documents that would legally permit their entry or stay in India. Following this admission, the Faraskhana police registered a First Information Report (FIR) against them.
Court Proceedings and Failure to Provide Proof
During the trial, Additional Public Prosecutor Pramod Hajare presented key evidence to the court. This included screenshots recovered from the cellphones of the accused, which indicated their Bangladeshi origin. Hajare argued that the accused did not submit any documentation to establish that they were Indian citizens.
The court noted that the individuals had entered India via clandestine routes across the Bangladesh border. They subsequently traveled by train before settling in Pune. In its judgment, the court heavily relied on Section 9 of the Foreigners Act. This section places the legal burden of proof on the individual to demonstrate that they are not foreigners.
The court observed that the accused had completely failed to discharge this burden of proof, leading to their conviction.
The Final Verdict and Deportation Order
Judge UP Kulkarni convicted all 18 accused under the relevant laws. The court granted them the benefit of a set-off for the period they had already spent in detention as undertrial prisoners since their arrest on September 1, 2023. This time—amounting to two years and four months—was counted as their sentence served.
The court's final order was clear and decisive. It directed that after the formal completion of their sentences, the state government must take all necessary steps to deport the convicts to Bangladesh in accordance with the law. Furthermore, the court instructed the police to file a supplementary chargesheet if an absconding accused, identified as Summi Rony Shaikh, is ever traced.
This case underscores the ongoing legal challenges surrounding illegal immigration and the judicial process applied when individuals cannot substantiate their claim to Indian citizenship.
