Karnataka High Court Stays Probe, Questions FIR Timing in Immigrant Case

The Karnataka High Court has strongly criticised the Bengaluru Police while hearing a petition filed by a city-based doctor who challenged an FIR registered against him after he allegedly helped authorities identify a suspected illegal Bangladeshi immigrant. During the proceedings, Justice M. Nagaprasanna made sharp observations about the handling of the case, warning that actions perceived as protecting illegal immigrants could pose a threat to national security. The court also questioned the circumstances under which the criminal case was filed against the petitioner.

According to the petitioner, the investigating officer had informed the Foreigners Regional Registration Office (FRRO) about the suspected illegal immigrant before an FIR was registered against him based on allegations made by the foreign national. The doctor argued that the case was a retaliatory "counter-blast" intended to discourage him after he assisted the authorities. He sought the quashing of the FIR, contending that the police action lacked justification.

Examining the case records, Justice Nagaprasanna noted that the investigating officer had written to the FRRO at 11.30 am seeking action against the suspected illegal immigrant, while the FIR against the petitioner was registered at 11.45 am. Questioning the sequence of events, the judge remarked that the timing suggested the criminal case appeared to be a "counter-blast." The court repeatedly asked how an assault case could be registered within 15 minutes of the communication sent to the FRRO.

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The court made several strong observations regarding the implications of such police action. Justice Nagaprasanna stated that if government agencies supported illegal immigrants in this manner, it would encourage more such individuals to remain in the country. He remarked that such a situation was dangerous to the system and observed that the nation's security could be threatened if illegal immigration was not dealt with appropriately. The judge also questioned why a criminal case had been registered against the complainant despite the investigating officer recommending action against the suspected foreign national.

Justice Nagaprasanna further scrutinised the allegations of assault against the petitioner, observing that the complaint was not supported by visible injuries or medical evidence. The court noted the absence of wound records or hospital documents to substantiate the allegations and questioned the basis on which the police had proceeded to register the FIR. Expressing concern over the investigation, the judge remarked that such actions should not be seen as appeasing illegal immigrants and emphasised that the legal process must be supported by credible evidence.

Representing the state, government counsel denied that the authorities were attempting to shield anyone and requested additional time to produce the investigation records before the court. However, the High Court directed the state to place the relevant records on record and expressed dissatisfaction with the manner in which the case had been handled. Pending further examination of the matter, the court stayed the investigation until the next hearing, with the petition remaining under judicial consideration.

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