Bengaluru: The Karnataka High Court has directed both the State and Central governments to strictly implement the Standard Operating Procedure (SOP) issued by the Union Ministry of Home Affairs (MHA) for identifying and deporting illegal immigrants residing in the country. The court observed that authorities must ensure effective implementation of the guidelines instead of allowing the system to shield illegal migrants.
The direction was issued by Justice M. Nagaprasanna while hearing a petition filed by a doctor seeking to quash an FIR registered against him following a complaint lodged by a Bangladeshi woman who was allegedly residing illegally in Bengaluru.
The court instructed the Bureau of Immigration and the Foreigners Regional Registration Office (FRRO) to place on record the steps taken to implement the MHA’s SOP concerning the identification, verification and deportation of illegal foreign nationals.
The bench noted that the Ministry of Home Affairs had, through its guidelines issued on May 2, 2025, directed all states to constitute District Special Task Force Committees to identify undocumented foreign nationals and submit reports for further action. The court stressed that these directions should be implemented in both letter and spirit.
Expressing concern over the manner in which some cases are being handled, the High Court observed that individuals who assist authorities in identifying illegal immigrants should not be subjected to retaliatory criminal proceedings. The bench remarked that the system should not end up protecting illegal immigrants by allowing false counter-cases against citizens who cooperate with law enforcement agencies.
During the hearing, counsel for the petitioner submitted that several Bangladeshi nationals were allegedly residing illegally in Bengaluru and that the petitioner had only provided information to the authorities seeking their identification and deportation. However, instead of acting against the alleged illegal immigrants, criminal proceedings were initiated against the petitioner based on a complaint filed by one of the foreign nationals.
The petitioner’s counsel urged the court to direct the authorities to take effective action for identifying and deporting illegal immigrants while ensuring that persons who report such violations are protected from harassment.
Appearing for the Central Government, its counsel informed the court that details regarding compliance with the MHA’s Standard Operating Procedure and the steps taken for deportation of illegal immigrants would be placed before the court. Recording the submission, the High Court adjourned further hearing of the matter to August 20.
According to the case records, the controversy arose after the petitioner, a medical practitioner, allegedly assisted authorities in identifying six Bangladeshi nationals who were said to be residing illegally in Bengaluru. Acting on the information, the investigating officer reportedly wrote to the FRRO seeking the detention and deportation of a Bangladeshi national identified as Nazrina.
However, it was submitted before the court that within minutes of the communication being sent to the FRRO, Nazrina lodged a criminal complaint against the doctor, alleging assault. Based on her complaint, an FIR was registered, and the petitioner was arrested.
The petitioner has contended that the offences invoked against him were punishable with imprisonment of less than seven years and that the police had failed to issue the mandatory notice under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS) before effecting his arrest. He argued that the arrest was illegal and violated the safeguards provided under law.
The petitioner has also sought a declaration that his arrest was unlawful, compensation for the alleged illegal detention and directions to the authorities to prescribe a definite timeline for deportation proceedings involving illegal immigrants. He has further requested the court to call for records relating to the action taken by authorities on illegal immigration and deportation.
The matter is scheduled to come up for further hearing on August 20, when the Central Government and immigration authorities are expected to submit details regarding implementation of the MHA guidelines and the action taken to identify and deport illegal foreign nationals.
