Sampa Sarkar's Plea for Quashing Criminal Charges Dismissed Amid Claims of Religious Persecution
In a significant judgment, the Calcutta High Court, under the stewardship of Justice Ajoy Kumar Mukherjee, dismissed the application for quashing criminal proceedings against Sampa Sarkar, a Bangladeshi national accused of overstaying her visa in India. The case, Bongaon P.S. No. 1187 of 2025, charged Sarkar under Section 21 of the Immigration and Foreigners Act, 2025, highlighting the complex intersection of immigration laws and humanitarian claims.
Sampa Sarkar, a 27-year-old Hindu woman from Khulna District, Bangladesh, entered India on December 7, 2024, using a valid visa which expired on January 6, 2025. Sarkar claimed exemption from prosecution under the Immigration and Foreigners (Exemption) Order, 2025, citing religious persecution in her home country. However, the court held that her claims lacked credible evidence, thus dismissing her plea for quashing the proceedings.
The judgment outlined the reverse burden of proof under Sections 16 and 21 of the Immigration and Foreigners Act, 2025, placing the onus on Sarkar to demonstrate her entitlement to an exemption due to religious persecution. The court emphasized that mere claims without substantial evidence are insufficient for exemption under the law.
The defense argued that Sarkar's entry with a valid visa and subsequent marriage to an Indian citizen should exempt her from prosecution. However, the state countered that the purpose of her visit was tourism, as evidenced by her visa, and her claims of persecution were an afterthought post-initiation of legal proceedings.
Justice Mukherjee reiterated the sparing use of inherent powers under Section 482 of the Criminal Procedure Code, emphasizing that dismissal of the proceedings would not cause grave miscarriage of justice. The court underscored the legislative intent behind the Immigration and Foreigners Act, 2025, which aims to bolster national security and regulate foreigner-related matters.
This case sheds light on the challenges faced by individuals seeking refuge due to persecution and underscores the stringent requirements to prove such claims in court. The decision reflects the judiciary's cautious approach in dealing with cases that involve national security and immigration laws.
Bottom Line:
Criminal Proceedings - Quashing of criminal proceedings under Section 482 Cr.P.C. - Allegations under Section 21 of Immigration and Foreigners Act, 2025 - Requirement to demonstrate credible evidence of religious persecution for claiming exemption under the Immigration and Foreigners (Exemption) Order, 2025 - Burden of proof lies on the petitioner to establish entitlement to exemption.
Statutory provision(s):
- Criminal Procedure Code, 1973 Section 482
- Immigration and Foreigners Act, 2025 Sections 16 and 21
- Immigration and Foreigners (Exemption) Order, 2025
The court's ruling reaffirms the necessity for credible evidence in claims of religious persecution, highlighting the balance between humanitarian considerations and legal frameworks in immigration matters.
Sampa Sarkar v. State of West Bengal, (Calcutta) : Law Finder Doc id # 2893971
