Lagatar24 Desk
Ranchi: The Jharkhand High Court has dismissed the criminal appeal of Bangladeshi national Mohammad Najmul Havaldar and directed that he be deported to Bangladesh at the earliest, observing that unnecessary delay in deporting foreign nationals cannot be tolerated.
Court Seeks Compliance Report by November 25
Justice Sanjay Prasad’s bench directed officials in Jharkhand and West Bengal, along with the concerned departments of the Central government, to take the necessary action. A compliance report must be submitted by November 25, 2026. The court said negligence by officials could be viewed seriously if the order is not followed.
Convicted for Illegal Entry into India
Najmul is a resident of Shantibhanga village in Bagerhat district, Bangladesh. According to police, he was caught near Talijhari railway station in Sahibganj district on the night of February 24, 2023, on a tip-off. He said he had entered India without a passport or valid travel documents, with the help of a man named Mohammad Sagar, and wanted to work in scrap in Delhi. An FIR was filed under Sections 14A(b) and 14(c) of the Foreigners Act, 1946. Najmul later pleaded guilty, was convicted on June 15, 2024, and on June 19, 2024 was sentenced to two years’ rigorous imprisonment and a fine of Rs 10,000.
Deportation Stalled After Sentence Ended
The state told the court that Najmul completed his sentence and was sent on March 1, 2025 to the foreigners’ detention centre in Hazaribagh for deportation. On June 9, 2025, he escaped from there along with two Bangladeshi women. He was later caught, and a fresh case was registered at Lohsingna police station in Hazaribagh. Verification of his nationality and address had begun. The Bangladesh Deputy High Commission said on March 5, 2025 that his address could not be verified, but a letter dated July 1, 2025 stated that it had been verified and that his repatriation would be completed soon.
Court Expresses Displeasure Over Delays
The High Court criticised the functioning of the Central and state governments, saying that once a foreign national has served his sentence and deportation has begun, authorities should take effective steps to complete it quickly. It noted that delay burdens government resources and expressed concern over the lack of timely action by officials of the Jharkhand, West Bengal and Central governments. Since Najmul had pleaded guilty on June 15, 2024, the court held his appeal not maintainable and dismissed Criminal Appeal No. 341/2025.
Order to Be Sent to Senior Officials
The court directed that copies of its order be sent to the chief secretaries, directors general of police, home secretaries, deputy commissioners and superintendents of police of Jharkhand and West Bengal, as well as officials of the Union Home Ministry and External Affairs Ministry.
