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Karnataka HC lays down guidelines regarding illegal immigrants facing proceedings under the Foreigners Act, 1946

Karnataka High Court: While deciding the instant petition, wherein the petitioners have been charged with offences under Sections 14A and 14B of the Foreigners Act, 1946, Section 25 of the Indian Arms Act, 1959 and Section 34 of the Aadhar Act, 2016, K.N. Phaneendra, J., laid down certain guidelines in order to deal with the issues arising due to the prolonged stay of illegal immigrants facing proceedings under the Foreigners Act, 1946. 

As per the facts of the case, the accused persons allegedly migrated from Bangladesh and have been staying in India without passport/ visa or any proper documents provided by the competent authorities. It was also alleged that the accused persons have obtained Aadhar Cards using illegal means. The counsel for the petitioners C. Mohammad Pasha and the Government Pleader, Rohith B.J., both of them submitted that there is no decision that spells out any specific ground upon which bail can be granted to individuals such as the accused persons. They further pointed out that there are no guidelines which have been made to regulate the stay of such persons who have come to India without passport/visa.

Perusing the submissions laid down by both the parties, the Court pointed out that though the instant matter is a simple bail matter, but the issue involved is important enough to for the Court to take notice. The Court pointed out that it is a very difficult task to lay exhaustive guidelines in the matter, but it will nevertheless try to address the ‘grey areas of law’ in the current matter. 

Some of the important guidelines laid down by the Court  are as follows-

   [ Babul Khan v. State of Karnataka, Crl. P. No. 6578 of 2019, decided on 19-05-2020]

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