Thane: The Thane Sessions Court has convicted Vimal Ranjeet Vishwas, a Bangladeshi national who was illegally residing in Bhayander, sentencing him to one year and one month of Simple Imprisonment (SI) under the Foreigners Act.
Vishwas was arrested in January 2024 after the police received a tip-off about his unlawful stay in Mira Road, where he had been living and working without valid documents.
During the investigation, the police seized original documents from Vishwas, which confirmed his residential address in Bangladesh, Shiglabazar, Thana Shalika, District Magura. As he was not fluent in the local language, the court appointed a translator to facilitate communication.
When the police demanded proof of Indian citizenship, Vishwas failed to produce any documents. Through the translator, he later admitted to being a Bangladeshi citizen but denied the allegations against him.
The court, while delivering its verdict, stated: “After the conversation between the accused and the translator, it was established that the accused is a citizen of Bangladesh. The translator confirmed that Vishwas admitted to being a Bangladeshi national and had prepared illegal documents to reside in India. He also disclosed that he entered India by paying ₹20,000 to an agent. Furthermore, he admitted that he did not possess any certificate proving his knowledge in Hindi or Bengali.”
The court cited Section 9 of the Foreigners Act, which places the burden of proof on the accused to establish that he is not a foreigner.
“Neither during the investigation nor at trial did the accused present any documents proving his Indian citizenship or valid entry into the country. As per Section 106 of the Indian Evidence Act, the burden of proof lies with the accused. Since citizenship is a fact within his special knowledge, he was required to establish it. His failure to do so, combined with the evidence presented, proves that he is a foreigner who entered and stayed in India without valid documents,” the court observed.
The judgment referenced Supreme Court rulings in the cases of Sarbananda Sonowal and Abdul Kuddus, reinforcing the legal precedent that the onus lies on the accused to prove his citizenship.
Along with sentencing Vishwas, the court directed the Jail Authority and the Officer-in-Charge of Navghar Police Station to take the necessary steps for his deportation to Bangladesh upon the completion of his sentence. The court also ordered them to submit a compliance report ensuring that Vishwas does not remain in India after serving his jail term.
