Court clarifies trial court's role in deportation, dismissing criminal revision by Rashida Begum
In a significant ruling, the Allahabad High Court has upheld the conviction of Rashida Begum under Section 14-A of the Foreigners Act, 1946, while clarifying the jurisdictional boundaries of trial courts regarding deportation orders. The decision, delivered by Justice Anil Kumar-X on December 12, 2025, dismisses the criminal revision petition filed by Begum challenging her deportation to Myanmar post-sentence completion.
Rashida Begum was sentenced to two years of imprisonment and fined Rs. 10,000 by the Additional Sessions Judge of Maharajganj on May 22, 2024, for violating Section 14-A of the Foreigners Act. The trial court had also mentioned that following her sentence, Begum should be deported to Myanmar, her alleged country of origin.
Begum's revision petition contended that the trial court lacked jurisdiction to issue a deportation directive, asserting her status as an Indian citizen with valid identity documents. Her counsel argued that such a mandate was beyond the trial court's purview.
Justice Anil Kumar-X, in his judgment, clarified that the trial court did not issue a mandatory deportation order but merely directed authorities to act according to established rules. The High Court emphasized that the trial court's instruction was not binding but left to the discretion of competent authorities, thereby reinforcing the procedural boundaries set by law.
The State, represented by the Additional Government Advocate, maintained that the trial court's decision was legally sound, as no explicit deportation order was enforced. The directive to follow procedural rules indicated that deportation was not compulsory but contingent on proper legal assessment.
The High Court's ruling underscores the importance of adhering to legal protocols in deportation cases, ensuring that decisions rest with designated authorities rather than being unilaterally mandated by trial courts. This judgment may set a precedent in similar cases, delineating the limits of judicial directives regarding deportation under the Foreigners Act.
Bottom Line:
Foreigners Act, 1946 - Conviction under Section 14-A - Deportation order - Trial court cannot issue mandatory deportation orders; it can only direct competent authorities to act as per rules.
Statutory provision(s): Foreigners Act, 1946 Section 14-A, Indian Penal Code Sections 420, 467, 468, 471
Rashida Begum v. State of U.P., (Allahabad) : Law Finder Doc id # 2823400
