The Supreme Court on Friday made a significant observation that mere illegal infiltration into India by Bangladeshi nationals does not constitute a terrorist act. This remark came as the Bharatiya Janata Party (BJP) vowed to drive out all illegal Bangladeshi immigrants from West Bengal after forming the government.
Court's Observation During Bail Hearing
A bench comprising Chief Justice Surya Kant and Justice Joymalya Bagchi made the statement while considering the bail plea of Amol Chandra Das alias Sujib. Das was arrested by the National Investigation Agency (NIA) in Bengaluru in November 2023 for residing in the city for ten years using a forged passport and facilitating the illegal immigration of Bangladeshis into India.
Additional Solicitor General SD Sanjay opposed the bail plea, arguing that Das was part of a syndicate involved in trans-nation trafficking of Bangladeshis using forged documents and was not entitled to bail. However, Justice Bagchi countered, stating, "Illegal immigration is not a terrorist act. Just because they have travelled across the border without valid documents or no documents, it does not become a terrorist act without any other overt action that would qualify as terror acts."
Porous Border and Bail Conditions
Chief Justice Kant noted, "India shares a porous border with Bangladesh. There are a large number of Bangladeshis staying in India despite immigrating illegally." The bench granted bail to Das but imposed conditions, including reporting to the Bengaluru NIA officer once a week. The court also directed the counter-terrorism agency to verify the accused's place of stay.
The Karnataka High Court had earlier rejected Das's bail plea, observing that the appellant was a Bangladeshi national and the material on record clearly disclosed the creation of an Aadhaar card on the same day in Karnataka and Assam, with a photo inserted, and a passport obtained based on those documents. The High Court accepted the prosecution's stand that granting bail could lead to the accused fleeing from justice.
Political Context
The BJP, which ran a blistering election campaign against the alleged facilitation of Bangladeshi nationals entering West Bengal, had termed the infiltrators a threat to national economy and security. The party on Friday reiterated its poll promise to deport all illegal immigrants from the state.
