The Karnataka High Court has stayed the deportation of a man accused of being an undocumented Bangladeshi immigrant after he claimed he is an Indian citizen who was wrongly identified.
Justice Suraj Govindaraj passed the interim order on Monday while hearing a petition filed by Abdul Rahim, who has been in detention since March. The court directed the Foreigners Regional Registration Office (FRRO) in Bengaluru to verify his identity and examine whether he is the same person whose conviction under the Foreigners Act is currently under challenge before the Allahabad High Court.
The court also directed that Rahim should not be deported until the next hearing, which has been scheduled for July 14.
Petitioner claims he was born in Delhi
In his petition, Abdul Rahim said he was born in Seemapuri, New Delhi, in 1979 and has lived in India throughout his life. He stated that he moved to Bengaluru in 2014, where he runs a government-registered waste management business and holds a GST registration.
Rahim’s counsel argued that he possesses several documents proving his Indian citizenship, including a birth certificate, Aadhaar card, PAN card, voter identity card, driving licence and other family records.The petition alleged that authorities detained him without issuing prior notice, giving him an opportunity to be heard or conducting a proper inquiry into his citizenship. It argued that the detention violated his fundamental rights under Articles 14, 21 and 22 of the Constitution.
Court asks FRRO to examine pending Allahabad HC case
During the hearing, Justice Govindaraj directed the FRRO to verify whether Rahim is the same individual involved in an earlier case in Uttar Pradesh.
The court said, “FRRO is directed to secure instructions 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.
“According to the petition, Rahim was convicted in 2012 under the Foreigners Act by a court in Uttar Pradesh for allegedly entering India illegally from Bangladesh. He has challenged that conviction before the Allahabad High Court, where the appeal is still pending.
Detained during drive against alleged undocumented migrants
Rahim was detained on March 5 by Bengaluru Police during a drive to identify alleged undocumented Bangladeshi immigrants. He was later handed over to the FRRO, which directed that he be kept at the Utile Foundation detention centre in Bengaluru after identifying him as a Bangladeshi national named Md Rahim Howladar.
His lawyer argued that the fresh proceedings amounted to double jeopardy, claiming that authorities had initiated another action while the earlier case remained pending before the Allahabad High Court.
The petition further stated that Rahim’s detention has disrupted his livelihood and caused hardship to his wife and infant child.
The Karnataka High Court will hear the matter again on July 14, while the FRRO is expected to submit its findings regarding Rahim’s identity and the pending proceedings before the Allahabad High Court.
