Karnataka High Court Calls For Strict Implementation Of MHA SOP On Deportation Of Illegal Immigrants

Sebin James

6 Aug 2026 9:01 PM IST

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    The Karnataka High Court on Thursday (August 6) called for strict implementation of the Union Ministry of Home Affairs' (MHA) Standard Operating Procedure (SOP) governing the identification and deportation of illegal immigrants, while hearing a plea filed by a Bengaluru-based doctor challenging his arrest on a complaint lodged by an alleged illegal Bangladeshi immigrant.

    A single judge bench of Justice M. Nagaprasanna directed the Bureau of Immigration and the Foreigners Regional Registration Office (FRRO) to place on record the steps taken to implement the MHA's procedure for identification and deportation of illegal immigrants.

    Appearing for the Ministry of Home Affairs and the FRRO, Central Government Counsel Vinay Venugopal accepted notice and undertook to produce details regarding the action taken for deportation of the identified illegal immigrants as well as compliance with the MHA's SOPs.

    The petitioner's counsel, Advocate Girish Bhardwaj, submitted that the petitioner's arrest stemmed from the authorities' failure to implement the Centre's own procedure for identifying and deporting illegal immigrants.

    "...The arrest memo is at page 30... All this happened because the Union and State couldn't implement their own SOP... Page 41, procedure for deportation and identification of illegal immigrants by Union is said," he submitted.

    At this stage, the Court orally observed,

    "That's why the State has to form a committee..."

    The remark referred to the District Special Task Forces contemplated under the MHA's Procedure dated May 2, 2025, for identification of illegal immigrants.

    The petitioner's counsel responded that every district ought to have such a committee to identify illegal immigrants and report them to the authorities.

    The Court thereafter directed the State Public Prosecutor to appear in the matter and instructed the FRRO to place all relevant records before it regarding the steps taken for deportation.

    "You should place on record everything," Justice Nagaprasanna observed.

    The petitioner's counsel further relied upon the MHA Procedure dated May 2, 2025 and the MHA Advisory dated August 8, 2017, contending that they mandate States to identify illegal migrants and initiate their deportation expeditiously.

    Addressing the Central Government Counsel appearing for the FRRO, the Court orally remarked,

    "Yes, you should implement it fast."

    The petition has been filed by a Bengaluru-based doctor who claims he was arrested on a retaliatory complaint lodged by one of six alleged illegal Bangladeshi immigrants whom he had helped identify before the authorities. He has sought quashing of his arrest and compensation for his alleged unlawful detention.

    According to the plea, based on information furnished by the petitioner, the investigating officer wrote to the FRRO informing it that the complainant, Nazreena, was an illegal Bangladeshi immigrant residing in Bengaluru and required detention for deportation. The plea states that within about fifteen minutes of this communication, Nazreena lodged a complaint accusing the doctor of assault.

    The petitioner contends that he was thereafter arrested for offences under various provisions of the Bharatiya Nyaya Sanhita despite all the alleged offences being punishable with imprisonment of less than seven years. It is argued that no notice under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita was served before his arrest and that the arrest memo recorded only generic reasons, rendering the arrest illegal.

    The writ petition also seeks a direction for the immediate deportation of the six Bangladeshi nationals allegedly identified by the petitioner, contending that despite being produced before the FRRO on July 22, 2026, they continue to remain in India.

    The matter has been posted for further hearing on August 20, when it will also be heard along with the doctor's petitions seeking quashing of the counter FIRs allegedly registered against him on the complaint of the identified Bangladeshi national.

    Last week, while hearing the connected quashing petitions, the High Court had orally observed that the system must "stop appeasing illegal immigrants" by registering frivolous counter-cases against citizens who expose them.

    Case Title: Nagendrappa T v. State of Karnataka

    Case No: WP 24641/2026

    Sebin James

    Sebin James

    Sebin James is a Correspondent with LiveLaw, covering the Karnataka High Court

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