Bangladeshi Nationals’ Deportation Delayed: Mohammad Najmul Hawaldar, a resident of the Bagerhat district in Bangladesh, was arrested by the authorities in the Sahibganj district in February 2023 after they alleged that he entered into India without having valid travel documents. On June 15, 2024, the Additional Sessions Judge-I in Rajmahal convicted Hawaldar under section 14A(b) of the Foreigners Act, 1946. He was then given a two-year rigorous imprisonment and fined Rs 10,000.
After completing this sentence, he was handed over to Holding Foreigners Camp at Hazaribagh for repatriating back to Bangladesh on March 1, 2025. However, the process has been left unfinished yet. As stated by the submissions made by the State Government, the concerned officials were in correspondence with the Ministry Of External Affairs. Along with the Deputy High Commission (DHC) from Bangladesh regarding verifying the nationality along with the documents pertaining to travel.
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Two Bangladeshi Women Also Covered by the Court’s Directions
The court’s directions further include provisions with regard to two women of Bangladesh nationalities namely Rina Khan (Alias – Fina Devi) & Nipah Akhtar Khushi.
In its submission, the State Government said that Hawaldar and the above-mentioned two women fled from Hazaribagh facility on June 9, 2025. They were subsequently apprehended, which led to registration of an independent case at Lohsingna Police Station.
“The people like appellant are taking food and shelter in this Country at the cost of money of the taxpayers and the poor people of the Country. If they are allowed to remain in jail till conclusion of the trial, they will be burdened not only on the State but also for the society and the entire Country.”
In view thereof, the High Court had ordered the authorities to expedite repatriation proceedings for these three persons in accordance with relevant legal requirements.
The court also said that there should be no unwarranted delay in deporting these foreign nationals once they have completed their sentence and their nationality has been determined. The Union government stated that the process of deportation/re-patriation would normally occur only after the conclusion of all pending legal proceedings against them but can be directed by this court.
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On its part, the High Court has urged that the concerned authorities take all necessary steps and accordingly filed a compliance report within the stipulated period i.e., by November 25, 2026. The directions include those from both the Union government, Jharkhand & WB Governments and Ministry of External Affairs too.
Further, the Court also ordered that Sahibganj Superintendents of Police shall conduct an investigation into the alleged roles played by Rahul & Md. Sagar in assisting Hawaldar either for entering India or securing employment for him. However, one cannot treat such allegations of wrongdoing against individuals as proven.
