Court orders deportation of Bangladeshi citizen

Directs Home department to take accused into protective custody till completion of formalities

MUDASIR YAQOOB
Srinagar, Publish Date: Dec 5 2018 11:36PM | Updated Date: Dec 5 2018 11:36PM
Court orders deportation of Bangladeshi citizenRepresentational pic

A local court here has directed the government to deport a Bangladeshi citizen who had illegally entered into the Indian territory  

The court announced the order after the accused, Muhammad Noman of Chattawai Bangladesh, recorded his confessional statement before the court of first judicial magistrate Srinagar Abdul Bari.

On 2 August 2018, the accused had filed an application for confessing the guilt and sought lenient view from the court. In his confession, he stated he had inadvertently crossed border. 

Before recording his confessional statement, the court as per the provisions of law, introduced him with pros and cons of the confession.

The court also informed the accused that he was not bound to make confession in the matter. Later the court recorded his confessional statement.

The court said that accused is 24-year old and the prosecution has not come up with any ground which proves there are criminal antecedents attached to the accused.

“In the present case, the accused has been apprehended on 27 July 2017 which pre supposes the fact that the accused is behind the bars from the last 16 months. And to my mind this period of detention is sufficient for the offense under section 14 of Foreigners Act,” the court said.

“In the backdrop of facts and circumstances, I deem it proper that the accused is convicted for an offense under section 14 of Foreigners Act and he is sentenced for a period already under gone by him in the police station concerned and Central Jail Srinagar,” the court added.

The court issued directions to public prosecutor to take the matter with concerned authorities for deportation of the accused to his country, adding that “concerned authorities shall ensure that accused reaches his home safely.”

The court said in the meanwhile till the formalities are completed by the home department, the accused should be taken into  protective custody. “The accused shall be in protective custody of the home department till deportation formalities are completed by the concerned authorities.” In this case, the court did not appoint an interpreter as the accused was well versed with the Urdu language.

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