Karnataka High Court stays deportation of ‘Bangladeshi’ man

The Karnataka High Court on Monday stayed an order of deportation by the Foreigners Regional Registration Office (FRRO), Bengaluru, involving a man detained as an alleged Bangladeshi national, after he claimed he is an Indian citizen by birth and a victim of mistaken identity.

Justice Suraj Govindaraj, hearing a petition filed by Abdul Rahim, also directed the FRRO to verify the detenue’s identity, noting that he claimed to be the same person who was convicted by a sessions court in Uttar Pradesh in a case alleging illegal entry from Bangladesh — a conviction that is under appeal before the Allahabad High Court.

“FRRO is directed to secure instruction 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. Relist on July 14. Respondents are restrained from deporting the petitioner till the next date,” the court said in its interim order.

The detention

Rahim, in his petition, has stated that he was born on April 14, 1979, at New Seemapuri in Delhi, and has lived, worked and carried on business in India throughout his life.

On March 5 this year, he was detained by the Parappana Agrahara police during a drive to identify alleged illegal Bangladeshi immigrants and was handed over to the FRRO. The same day, the FRRO passed an order under Section 7(2)(f) of the Foreigners Act, 2025, read with Paragraph 8 of the Immigration and Foreigners Order, restricting his movement and directing him to reside at the Utile Foundation detention centre in Kothanur, Bengaluru.

The FRRO order proceeds on the assumption that Rahim is a foreign national and identifies him as one “Md. Rahim Howladar, s/o Md. Motaleb Howladar”.

Appearing for Rahim, advocate Clifton D Rozario argued that his client is an Indian citizen by birth. “We have produced the birth certificate, passport, election identity card, Aadhaar card, PAN card, driving licence and several other public documents evidencing his identity and citizenship, and documents relating to his family members establishing his lineage and longstanding roots within India,” he submitted.

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The petition contends that the detention order was passed without notice, without an opportunity of hearing, and without any meaningful enquiry into Rahim’s citizenship status, in violation of Articles 14, 15, 21 and 22 of the Constitution. It states that the order has disrupted his livelihood and caused hardship to his family, including his wife and infant child.

The Uttar Pradesh case

In a case registered in 2010, Rahim was convicted under Section 14A(b) of the Foreigners Act, 1946, for allegedly entering and staying in India without valid documents. By an order dated June 8, 2012, the Additional District and Sessions Judge, Ghaziabad, convicted him on the allegation that he was a Bangladeshi national named “Abdul Rahim, s/o Shah Jamal, resident of Bagerhat, Bangladesh”.

According to the petition, the conviction rested principally on the statutory burden under the Foreigners Act, which requires the accused to establish citizenship, and on the finding that the documents he produced were not satisfactory. Rahim challenged the conviction before the Allahabad High Court in 2012; the appeal was admitted, and he was granted bail. The appeal remains pending.

Rozario argued that the FRRO’s detention order amounts to double jeopardy, violating Article 20 of the Constitution, which mandates that no person shall be prosecuted and punished for the same offence more than once — a protection available under Article 20(3) of the Constitution.

Life in Bengaluru

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Rahim moved from Delhi to Bengaluru in 2014, where he runs a waste management and scrap trading business through a proprietorship registered with government authorities. He holds a GST registration certificate issued under the Karnataka Goods and Services Tax Act, 2017.

“The petitioner has lived in Bengaluru since 2014 and has established his livelihood and family life in the city,” the plea states.

The petition seeks the quashing of the FRRO order and Rahim’s release from custody. The matter will be heard next on July 14.