Thane: The Thane Sessions Court, presided over by Judge V.L. Bhosale, has convicted 34-year-old Taniya Yunus Shaikh, a Bangladeshi national who had entered India illegally and was arrested by the police in 2023.
While passing the judgment, the court directed that after completing her sentence, Shaikh should be deported to Bangladesh through the Bangladesh Embassy. Accordingly, directions have been given to the Commissioner of Police, Thane, to ensure her deportation after serving the imposed sentence and to submit a compliance report.
During the inquiry, it was brought on record that Shaikh had stated her address as Apana Ghar, Phase No. 2, Hatkesh Road, Mira Road (East), Thane. However, she did not have any permanent or temporary address in India. She also failed to explain her residence in India or provide information about any relatives living here.
“On the contrary, both Investigating Officer Vaibhav Dhanwade and the complainant in the case deposed that Shaikh is a Bangladeshi citizen. There is no reason to disbelieve them. Even otherwise, as per Section 9 of the Foreigners Act, 1946, the burden is on the accused to prove that she is not a foreigner. She must prove her Indian citizenship by producing cogent evidence. However, no such evidence has been provided by the accused. Furthermore, the Investigating Officer has also made correspondence with the Bangladesh Embassy regarding her deportation. Thus, the prosecution has duly proved and established that the accused is a foreigner who was found residing in India without a valid passport, visa, or other travel documents. Therefore, she is liable to be punished under Section 14 of the Foreigners Act, 1946,” the court held.
According to the complaint, the accused was found residing at Mira Road, Bhayander, without any passport or travel documents. During police inquiries, she failed to provide proper answers and did not produce any documents to establish her Indian nationality. Her act of residing illegally in India is punishable under Section 14 of the Foreigners Act, 1946, and therefore an FIR was lodged against her.
After considering the evidence and arguments, the court convicted Shaikh and sentenced her to 14 months and 18 days of rigorous imprisonment — a period already undergone — and imposed a fine of Rs 1,000.
