Karnataka High Court Stays Case Against Doctor, Criticises State for Aiding Alleged Illegal Immigrants

The Karnataka High Court on Tuesday stayed further investigation into a criminal case against a Bengaluru doctor accused of assaulting a couple, alleged to be Bangladeshi nationals, while criticising the state for registering cases against those who report suspected illegal immigrants instead of acting against the immigrants themselves.

Justice M Nagaprasanna took strong exception to the arrest of Dr Nagendrappa after a woman, Nasreena, lodged a complaint against him last week. According to the police, Nasreena said she hails from Bangladesh.

“It is high time the system stops supporting illegal immigrants, that too by registering crimes against persons of the city who have only shown such people staying illegally in the city,” Justice Nagaprasanna said.

The bench noted that neither the complaint nor the First Information Report mentioned any injuries to the complainant or her husband, and that the police had not conducted any preliminary inquiry. It also observed that the FIR, registered on July 22, came just 15 minutes after the same police station had written to the Foreigners Regional Registration Officer (FRRO), acting on information provided by Dr Nagendrappa, alleging that Nasreena was a Bangladeshi national living in the city illegally.

“There can be no better illustration of abuse of process of law at the hands of the police; it is not understandable even how the crime could be registered without there being any infliction of any injury, even according to the complainant, in the case at hand.”

Dr Nagendrappa’s lawyer also pointed out that the police had written to FRRO around 11.30 am, acting on the information provided by his client, and the complainant said she was assaulted by him just 15 minutes later. To which the bench observed that it shows a clear case of a counter FIR being registered. “This is why these illegal immigrants stay on because the government supports them like this. In terms of the SOP (formulated by the Centre for deporting illegal immigrants), these illegal immigrants should have been sent back,” Justice Nagaprasanna said.

Special Public Prosecutor B N Jagadeesha said the government was not supporting the complainant. Jagadeesha said the police produced the complainants before FRRO soon after receiving the information, to verify their details and place them in detention. “We are also saying that they are staying illegally.”

“If the system supports anything like this, illegal immigrants will mushroom. It is dangerous to the system, and the nation’s security is at risk. You are registering a crime against the person who is showing you that these illegal immigrants are staying here. For what?” the bench asked.

Dr Nagendrappa’s lawyer claimed that no action has been taken against those who are giving land to immigrants to live on. The court then orally said the state government should stop such appeasements. “I have seen that people are giving land, etc., to these people for a few rupees more, entertaining these immigrants who have no visa to stay, no documents to stay, are given land only because they are giving Rs 1,000 more as rent… If greed can overcome the security of the nation, then what can be done?” the bench asked.

The bench urged the state government to act against such persons. Jagadeesha said that action would be taken in the case at hand and against those who leased the land to the complainant, and no one would be shielded.

“The SPP is to secure instruction as to how the crime was even registered without any examination of any kind and the petitioner taken into custody all on a complaint which is apparently false, albeit prima facie,” the bench said in its order. The court directed that FRRO should be made a party to the petition and seek instructions about illegal immigrants who are to be deported by the next date of hearing on August 6.