Thane Sessions Court Convicts Bangladeshi Couple for Illegal Entry and Stay
A sessions court in Thane has delivered a significant verdict, convicting a Bangladeshi couple for illegally entering and residing in India without valid documentation. The court has ordered their deportation following the completion of a sentence comprising one year and ten days of simple imprisonment.
Arrest and Investigation Details
The couple, identified as Riyaz Almin Mulla, aged 24, and his wife Soniya alias Sathi Riyaj Mulla, aged 22, were apprehended by the Shil-Diaghar police on January 26, 2025. This action was initiated based on a specific tip-off regarding foreign nationals residing under false identities in the Uttar Shivgaon area of Thane.
Acting promptly on the received intelligence, a police team established a naka-bandi (checkpoint) and intercepted an autorickshaw carrying the couple. During initial questioning, they provided vague and inconsistent details about their residence and failed to produce any passports, visas, or other documents authorizing their stay in India.
Admissions and Evidence Presented
Subsequent interrogation revealed that the couple admitted to being residents of villages in Bangladesh. They confessed to entering India illegally with the primary objective of seeking better livelihood opportunities. The prosecution's case was significantly bolstered by evidence obtained from mobile phones seized from the couple. Analysis of these devices revealed the use of international calling applications, which further corroborated their foreign nationality and unauthorized presence.
Legal Charges and Court's Observations
While the police had invoked provisions under the Passport (Entry into India) Rules, 1950, and Section 14A of the Foreigners Act, 1946, the court acquitted the couple of these specific charges. The acquittal was based on the observation that mandatory legal requirements for these provisions were not adequately fulfilled by the prosecution.
However, the court held that the prosecution successfully proved the offence under Section 14 of the Foreigners Act, 1946. This section specifically deals with contraventions related to illegal entry and stay by foreigners in India. The court emphasized that under the Foreigners Act, the burden of proving Indian citizenship rests squarely on the accused. In this instance, the couple failed to discharge this burden, as both explicitly admitted during their statements that they were Bangladeshi nationals.
Sentencing and Deportation Order
In determining the sentence, the court considered several mitigating factors. It noted that the couple had already spent nearly a year in judicial custody and pleaded poverty during the proceedings. Consequently, the court imposed a sentence of imprisonment for the period already undergone, with an additional ten days of simple imprisonment. A fine of Rs 1,000 each was also levied.
The court issued clear directives for the disposal of the seized mobile phones. Furthermore, it ordered the jail authorities and police to initiate immediate deportation proceedings against the convicted individuals upon completion of their sentence. This ensures their removal from Indian territory in accordance with the law.
Broader Implications of the Verdict
This case underscores the stringent legal framework governing the entry and stay of foreigners in India. It highlights the judicial system's role in upholding immigration laws while also considering humanitarian aspects, such as time spent in custody, during sentencing. The verdict serves as a reminder of the legal consequences faced by individuals who attempt to reside in the country without proper authorization.
