HC stays deportation of Indian man accused of being Bangladeshi

Abdul Rahim, in his petition, said he was an Indian citizen by birth, having been born in New Delhi's Seemapuri in 1979.

Bengaluru: The Karnataka High Court on Monday, July 6, stayed the deportation of a Muslim man who was accused of being a Bangladeshi national after he claimed that he was wrongfully identified as one.

Abdul Rahim, in his petition, said he was an Indian citizen by birth, having been born in New Delhi’s Seemapuri in 1979. He said he lived and continued his business in India throughout his life. In 2014, he went to Bengaluru, where he operated a waste management business with a government-registered proprietorship. Rahim even holds a Goods and Services Tax (GST) registration, issued under the Karnataka Goods and Services Tax Act.

After hearing Rahim’s petition, Justice Suraj Govindaraj directed the Foreigners Regional Registration Office (FRRO) in Bengaluru to verify his identity. He asked the authorities to check whether he was the same individual whose conviction in a foreigner case is currently being challenged in the Allahabad High Court.

The court limited the officials from deporting him until after the next hearing scheduled for July 14. “FRRO is directed to secure instructions about another proceeding stated to be pending in the Allahabad High Court, and whether the proceedings in that matter and the impugned order relating to the present matter are related to the very same person,” the High Court said.

Detained in March by Bengaluru Police

He was detained by Parappana Agrahara or the Bengaluru Central Prison authorities on March 5 amid a drive targeting undocumented Bangladeshi immigrants, the petition read. He was later handed over to the Foreigners Regional Registration Office.

On the very same day, the FRRO ordered him to stay at the Utile Foundation detention centre in Bengaluru. The agency classified him as a Bangladeshi national named Md Rahim Howladar, son of Md Motaled Howladar.

Several documents submitted as proof of Indian citizenship

Advocate Clifton D Rozario, representing Rahim, contended that he is an Indian citizen by birth and provided multiple documents, including his Aadhaar card, birth certificate, Permanent Account Number (PAN), voter identity card, driving licence and other family-related records, to demonstrate his citizenship and residence in India.

It was argued that the police issued the detention order without notice, without providing Rahim an opportunity to be heard and without conducting a comprehensive inquiry into his citizenship. The petition said the process violated Rahim’s fundamental rights under Articles 14, 21 and 22 of the Constitution, and that the detention hindered his daily life and means of earning, causing his wife and infant child hardship.

The petition also mentioned a 2010 case in Uttar Pradesh, where Rahim was convicted in 2012 under the Foreigners Act, 1946, for allegedly entering India illegally from Bangladesh. According to the plea, this conviction was challenged in the Allahabad High Court.

The High Court admitted the appeal and granted him bail, with the matter currently awaiting a final decision, the plea read.

Initiated proceedings with case pending before HC, argues counsel

Rahim’s counsel said the FRRO’s actions served as double jeopardy, claiming that the officials began fresh legal proceedings while an earlier case was pending before the High Court.

Rahim has asked the Karnataka High Court to cancel the FRRO detention order and release him from custody, maintaining that he is an Indian citizen wrongly identified as a Bangladeshi national. The court scheduled the next hearing for July 14.