Migrant detained in Tiruchy tells court I’m Indian not Bangladeshi

When the petition by Momin alias Momimwar Hussain came up Friday, Justice K Ravichandrabaabu adjourned 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 on behalf of the Kerala government.

The prosecution submitted that Hussain, along with seven others, were a native of Bangladesh and 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 they have been staying in India for more than 10 years. Over the period, the petitioner obtained Aadhar card, PAN card and other documents by false methods to get employment and accommodation, it was alleged.

All eight of them were arrested on October 9, 2018 and released on conditional bail two months later. After the release, a Government Order (G.O.) 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 India on November 3, 1986 and has worked in Tirupur and obtained Aadhar and PAN cards with his Indian citizenship. He claimed that the confusion happened because there was a language barrier while communicating with the police.

Hussain said this led to the police filing an FIR based on unascertained facts and detention 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.

Noting that the G.O. was clear, the petitioner said it authorises punishment only after his conviction period. He claimed that 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 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.