Man challenges detention, denies he is an illegal Bangladeshi migrant

A petition has been filed in the Madras High Court by a man who claimed that he is an Indian national, and not a Bangladeshi living illegally in the country as alleged by authorities, and that he has been "wrongfully" detained in a special camp in Tiruchirapalli under the Foreigners Act.

When the petition by Momin alias Momimwar Hussain came up Friday, Justice K Ravichandrabaabu adjourned the matter for hearing to March 15.

The plea was adjourned after a request was made by the Special Government Pleader Shanmugasundaram that Advocate General Vijay Narayan would appear and argue in the case on behalf of the Kerala government.

The prosecution submitted that Hussain, along with seven others, were native of Bangladesh and were staying in India without any valid documents namely visa, passport etc.

Also, there was a case filed by the police in Tirupur under Foreigners Act, stating that the petitioner, along with other accused, has been staying in India for more than 10 years.

Over the period, the petitioner obtained Aadhar card, PAN card and other documents by way of fabrication to get employment in India and accommodation, it was alleged.

Hussain and the others were arrested on October 9, 2018 and released on conditional bail two months later.

After the petitioner's release, a government order was passed that led to him and the others being lodged in a special camp. The police also sought deportation of Hussain and the others to Bangladesh.

To this, the petitioner claimed that he was an Indian citizen as he was born in the country on November 3, 1986 and has worked in reputed companies in Tirupur and obtained Aadhar and PAN cards with his Indian citizenship.

He submitted that the entire "confusion" happened because he could not communicate with the police as he was not familiar with Tamil and English.

Hussain said this led to the police filing an FIR based on "unascertained facts" and led to his detention of more than 60 days in judicial custody.

The petitioner further alleged that the police has acted in an undue manner in lodging him in the special camp by misconstruing the November 10, 2018 G.O., which, he said, was "punitive in nature" and against settled principles of law.

Noting that the government order was clear from its very construction, the petitioner said it authorises punishment of a person only after his or her conviction period and not before that.

He claimed that the regulation of his continued presence by confining him in a special camp was clearly "illegal".

"Even assuming the power of detaining a foreigner is available with central government under the Foreigners Act and and hence the state government cannot by exceeding its power pass an order of detention and confinement," he pointed out.

Hence, he prayed for quashing the order.