The Jharkhand High Court has ordered the central government alongside the state administrations of Jharkhand and West Bengal to promptly deport three undocumented Bangladeshi citizens, setting a November 25 deadline to submit a compliance report.
The directive was issued by Justice Sanjay Prasad while presiding over an appeal filed by Md Najmul Hawaldar. Hawaldar had contested his conviction under the Foreigners Act and an accompanying two-year prison term handed down by a subordinate court on June 19, 2024.
While delivering the ruling, the court observed that maintaining undocumented foreign nationals in domestic prisons until the conclusion of proceedings imposes an undue financial and social strain. The bench noted that such individuals consume shelter and food funded by taxpayers and underprivileged citizens, creating a continuous burden on the state and the country. The court also called for greater proactivity from authorities in executing deportations of individuals lacking lawful status.
Infiltration Route and Initial Arrest
According to court records, Hawaldar admitted to entering India unlawfully through the Sylhet border in January 2023 after paying Rs 20,000 to an intermediary identified as Mohammed Sagar. Upon his arrival, Hawaldar worked as a scrap collector in Delhi before relocating to Rajmahal, situated in Jharkhand’s Sahebganj district. Local police apprehended him there on February 24, 2023.
Following his initial arrest, Hawaldar was transferred to a foreigners’ detention facility in Hazaribagh. Multiple correspondences subsequently took place between the Jharkhand government, the West Bengal government, and the Ministry of External Affairs regarding his repatriation.
Escape Bid from Detention Facility
While held at the Hazaribagh facility, Hawaldar came into contact with two Bangladeshi women who were also being detained for living in India without valid documentation. On June 9, 2025, all three individuals attempted to break out of the detention centre but were intercepted and re-arrested by police personnel.
Diplomatic Standoff and Ruling Timeline
The high court highlighted administrative hurdles in the deportation process, noting deliberate suppression of facts by the High Commission of Bangladesh. When approached by Indian authorities, the foreign mission denied that Hawaldar was a resident of Bangladesh.
Justice Prasad had reserved judgment in the appeal on June 17 and pronounced the verdict on September 29, with the detailed text of the order released on Tuesday.
