Two-year imprisonment and Rs.10,000 fine confirmed; Deportation to Bangladesh ordered within 30 days post sentence
In a significant judgment dated September 29, 2026, the Madras High Court, presided by Justice M. Nirmal Kumar, upheld the conviction of 25 Bangladeshi nationals who were found residing illegally in Tiruppur, Tamil Nadu, without valid passports, visas, or travel documents. The accused were convicted under Section 14(A) of the Foreigners Act, 1946, following their arrest on June 19, 2025, at a rented house in Kunnakaalpalayam.
The prosecution case, supported by evidence from police officers, a Hindi translator, the house owner, and seizure of Bangladeshi National Identity Cards, established that the accused had entered India without valid travel documents and were residing unlawfully. The appellants admitted their nationality and unauthorized stay but pleaded that they came to India in search of livelihood due to poverty, unemployment, and unrest in Bangladesh.
The trial court sentenced each accused to two years simple imprisonment and imposed a fine of Rs.10,000, with a default imprisonment of one month in case of non-payment. On appeal, while the Madras High Court confirmed the conviction and substantive sentence, it modified the default imprisonment term from one month to one week, considering the accused's inability to pay the fine due to their poor financial condition. The court emphasized that the appellants were engaged in daily-wage jobs and had no involvement in any economic or criminal offenses.
Further, the court directed the concerned authorities to complete the deportation of the convicted individuals along with their children back to Bangladesh within 30 days after the completion of their sentence and default sentence. This direction aligns with the Supreme Court's ruling in M/s. Maja Daruwala v. State of West Bengal (2025) and the Ministry of Home Affairs circular dated November 23, 2009, mandating prompt deportation procedures for unauthorized Bangladeshi nationals.
The judgment also addressed procedural fairness, noting that although the accused were not conversant in Tamil, the trial was conducted with the assistance of a Hindi translator. The court found no grounds to quash the conviction on the basis of denial of effective opportunity, as the translator's assistance was provided during interrogation and trial proceedings.
This ruling underscores the strict enforcement of immigration laws under the Foreigners Act while balancing humanitarian considerations for economically vulnerable foreign nationals. It reinforces the legal requirement for valid travel documents and the obligation of authorities to ensure timely deportation after sentence completion.
Bottom Line:
Foreigners Act - Conviction of Bangladeshi nationals for entering and staying in India without valid passport, visa or travel documents upheld - Considering their extreme poverty and inability to pay, default sentence for non-payment of fine reduced from one month to one week - Authorities directed to complete deportation to Bangladesh within thirty days after completion of substantive sentence and default sentence.
Statutory provision(s):
Foreigners Act, 1946 Section 14(A)
