Bengaluru, Jul 29 The Karnataka High Court has stayed further investigation in criminal cases registered against a doctor-activist who allegedly assisted police in identifying illegal Bangladeshi immigrants.
Justice M Nagaprasanna, who heard the case, questioned the police action and observed that the system should not support illegal immigration by prosecuting those who report it.
During a hearing on Tuesday, the court repeatedly questioned the registration of FIRs against the petitioner based on complaints by persons whom the police themselves had identified as illegal immigrants.
The petitioner, Nagendrappa T, sought to quash the FIR against him.
It described the sequence of events as "appeasement" and asked, "Can there be a better illustration of abuse of the process?"
The judge later observed that, "There cannot be a better illustration of abuse of the process of law at the hands of the police."
"It is high time the system stopped supporting illegal immigration by registering criminal cases against citizens who merely point out illegal immigrants,"
Justice Nagaprasanna, while staying further investigation, directed that the Foreigner Regional Registration Office (FRRO) be impleaded as a party.
Appearing for the petitioner, advocate Girish Bharadwaj submitted that petitioner Nagendra, a doctor and activist, had helped police identify illegal immigrants for deportation.
Referring to the complaint, Bharadwaj pointed out that the complainant's address was in Bangladesh, prompting the judge to ask, "You say these are illegal immigrants who should be deported, yet based on their complaint you have registered a criminal case against the people here?"
The court expressed concern over the broader implications of such police action.
"If the system supports things like this, illegal immigrants will mushroom. It is dangerous. The security of the nation is at risk," Justice Nagaprasanna observed.
The judge further questioned the absence of any medical evidence supporting the assault allegations (by the complainant).
"Did you even have them medically examined? Were there any injuries? There are no wounds, nothing, not even a statement that they went to a hospital. Yet the police registered a case," he remarked.
Criticising what he termed official "appeasement", Justice Nagaprasanna said, "The system must stop appeasement. How long will this continue? No injuries, yet a criminal case is registered within 15 minutes."
The court also questioned why action had not been initiated against landlords allegedly providing accommodation to illegal immigrants.
"I have seen many places where foreigners are staying. Landlords rent out premises for an extra Rs 1,000 without any concern. If greed overrides the security of the nation, what else can be done?" the judge wondered.
During the hearing, the State submitted that the alleged illegal immigrants had been produced before the FRRO and kept in a temporary detention centre.
The judge, however, remarked that under the Standard Operating Procedure, they ought to have been deported instead of the police registering criminal cases against the petitioner.
Dictating the order, Justice Nagaprasanna observed that the petitioner had been arrested and released on bail despite the Investigating Officer having earlier informed the FRRO that the complainant was an illegal immigrant.
The court said the Station House Officer ought to have first verified the complaint, particularly when the complainant's address itself showed Bangladesh.
The High Court stayed further investigation in the cases, impleaded the FRRO as a respondent and directed it to place instructions regarding the status of the alleged illegal immigrants before the next hearing, while posting the matter to August 6.
