Karnataka High Court
BENGALURU: The Karnataka High Court has come down heavily on the Bengaluru police for arresting an MBBS doctor who had approached authorities with information about alleged illegal Bangladeshi immigrants residing in the city, terming the action a serious abuse of the legal process and raising concerns over the manner in which the complaint was handled.
The case relates to Dr Nagendra, who had reportedly been gathering information on suspected illegal Bangladeshi immigrants and sharing it with law enforcement agencies, claiming he was acting in the interest of national security. On the night of July 22, at around 11.30 pm, he lodged a complaint with the Bellandur police regarding the alleged presence of illegal immigrants in the area.
However, within minutes of filing the complaint, a criminal case was allegedly registered against Dr Nagendra based on a complaint lodged by a woman identified as Nazreena, believed to be of Bangladeshi origin. The doctor was subsequently arrested by the Bellandur police, prompting him to move the Karnataka High Court seeking quashing of the FIR registered against him.
Hearing the petition, Justice M. Nagaprasanna expressed strong displeasure over the sequence of events and questioned the conduct of the police. The court observed that registering a case against the complainant immediately after he reported suspected illegal immigrants prima facie appeared to be a misuse of legal procedure.
The High Court stayed further proceedings against Dr Nagendra and issued notice to the Home Department and the police, directing them to explain their actions. The court has sought a detailed response from the authorities by August 6.
During the hearing, the bench posed a series of pointed questions to the state authorities. It asked whether illegal immigrants had become more important than the residents of Bengaluru and questioned whether the police were extending protection to individuals whose presence could pose concerns for national security.
The court remarked that if citizens who provide information about suspected illegal immigrants are instead subjected to criminal prosecution, it could discourage members of the public from cooperating with law enforcement agencies in matters concerning public safety and national security.
Justice Nagaprasanna observed that if the allegations regarding illegal immigration were found to be true, the appropriate course of action would be to investigate those allegations rather than initiate criminal proceedings against the complainant. The bench also emphasised that illegal immigration is a serious issue requiring appropriate verification and action in accordance with the law.
The High Court further observed that the state must ensure that those residing in the country without legal authorisation are identified and dealt with through due legal process, instead of discouraging citizens who bring such information to the notice of authorities.
Appearing for the petitioner, advocate Girish Bharadwaj argued that Dr Nagendra had acted in good faith and had merely discharged his duty as a responsible citizen by informing the police about suspected illegal immigrants. He contended that the subsequent registration of an FIR against the doctor and his arrest amounted to harassment and an abuse of police powers.
