The Karnataka High Court has stayed a deportation order issued against a man detained as an alleged undocumented Bangladeshi national, following his legal challenge claiming he is an Indian citizen by birth.
Justice Suraj Govindaraj issued the interim stay on Monday, restraining authorities from deporting the petitioner, Abdul Rahim, until the next scheduled hearing on July 14. The court also ordered the Foreigners Regional Registration Office (FRRO) in Bengaluru to verify Rahim’s identity and determine if his case is connected to an ongoing appeal before the Allahabad High Court.
Detention And Identity Dispute
Bengaluru police detained Rahim on March 5 during an operations drive targeting undocumented Bangladeshi immigrants. Following his detention, the Bengaluru FRRO issued a restriction order under the Foreigners Act, directing him to be held at a detention center in Kothanur.
The FRRO order identified the detainee as a foreign national named Md. Rahim Howladar. However, Rahim’s advocate, Clifton D. Rozario, argued that his client is a native-born Indian citizen. To support the claim, the defense submitted various public records to the court, including Rahim’s birth certificate, passport, voter identification card, Aadhaar card, PAN card, driving license, and family lineage documents.
According to the petition, Rahim was born in New Seemapuri, Delhi, on April 14, 1979, and has resided and worked in India his entire life. The petition contends that the FRRO issued the detention order without providing prior notice or a fair hearing, violating constitutional protections.
Pending Uttar Pradesh Conviction Appeal
The legal dispute also involves a prior case from 2010 in Uttar Pradesh. In June 2012, a Ghaziabad sessions court convicted Rahim under the Foreigners Act for entering the country without valid documents, identifying him as a Bangladeshi national.
According to the petition, that conviction was based on the statutory burden of proof placed on the accused and a finding that his documents were insufficient. Rahim subsequently appealed the decision before the Allahabad High Court in 2012, where he was granted bail. That appeal remains unresolved.
Rozario argued before the Karnataka High Court that the Bengaluru FRRO’s detention order constitutes double jeopardy, which violates Article 20 of the Constitution by prosecuting and punishing an individual multiple times for the same alleged offense.
Livelihood And Business In Bengaluru
The petition states that Rahim relocated from Delhi to Bengaluru in 2014, where he established a registered waste management and scrap trading business. He holds a valid Goods and Services Tax registration under the Karnataka Goods and Services Tax Act.
The defense noted that the detention has caused severe financial hardship and disrupted Rahim’s family life, including his wife and infant child. The petition seeks to quash the FRRO’s order and secure Rahim’s immediate release.
