Mumbai: A classes court docket in Mumbai got here to rescue of a 62-year-old girl who was convicted in September 2019 for being a Bangladeshi nationwide having entered Indian territory illegally. The court docket put aside the conviction observing that the girl produced 11 paperwork to point out she was an Indian however police took no efforts to confirm the identical and tagged her and her household as Bangladeshi nationwide in 2007.
No verification of paperwork performed, court docket observes
After 17 years for having tagged as a Bangladeshi nationwide, the classes court docket final week acquitted Sangamma Shaikh from all the costs. The court docket stated she was arrested solely on the idea of a guess. The court docket stated, ”For the explanations finest identified to the investigating officer, no verification of the paperwork, filed on file by the accused is finished by him. As soon as the accused has discharged the onus by submitting 11 paperwork on file, then one fails to grasp as to what prevented the investigating company to hold out detailed probe to determine and confirm these paperwork”
As per the prosecution case, on February 22, 2007, an officer from the particular department obtained an informantion that some Bangladeshi infiltrators had been residing within the slum at Reay Street, Mumbai. On the idea of the informantion, on February 23, 2007, the police employees went to catch the accused at round 00.10 am.
Police claimed show-cause discover filed
The police as per the knowledge, went to the hut and located one male and two feminine and teenager boy. The police inquired with them about their names, deal with and citizenship. They failed to present passable solutions and had not produced any doc, therefore they had been taken to police station. The police claimed {that a} show-cause discover was issued and later chargesheet was filed.
In his defence, the authorized aide lawyer Sanna Lobo, argued that, the prosecution has examined solely three witnesses, who had been all police officers. The accused has produced varied paperwork to show her identification that she is Salma Anwarali Munshi, nonetheless, they weren’t thought-about.
She additional argued that Shaikh was arrested and prosecuted in an arbitrary approach with out following the process established by the legislation, on the idea of unverified and unconfirmed info wherein the accused was not even named or recognized. The present trigger discover was served on the accused when she was in custody.
No witness to verify accused entered illegally
The classes choose SP Naik Nimbalkar whereas referring to the proof of the police officer famous that, ”On the idea of the knowledge and admissions given by the accused, they made a guess that they’re Bangladeshi’s. On going by way of the above described proof, then it’s fairly clear that, no doc is filed by the police to point out that, the accused individuals had been Bangladeshi’s or that they had any residential deal with belonging to Bangladesh. Furthermore, there is no such thing as a witness on file who had deposed that the accused had entered in India from Bangladesh by way of unauthorised route. Nationality and citizenship of the accused shouldn’t be verified by the police from Bangladesh.”
The girl had in her deposition claimed that she had been residing in Mumbai since 27 years. She belong to Bonhat, Dist. Birbhum, West Bengal. Her husband can be belonging to similar village. She got here to Mumbai for looking work together with her he daughters, who too had been born within the stated village. In addition to she submitted her delivery certificates and several other different proofs.
The court docket stated, if the prosecution needed to claimed that these paperwork had been cast and false, then it ought to have been varified. Nevertheless, court docket famous, ”As soon as the accused has tendered the paperwork on file and has deposed on oath that, she is Salma r/o. India, since final 27 yrs. and stated testimony shouldn’t be impeached by the prosecution, then it was for the prosecution to counter her proof. No such efforts and even an try has been achieved by the prosecution.”
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