Bengaluru: The Karnataka High Court has refused to quash criminal proceedings against a man accused of facilitating Aadhaar and PAN cards for illegal Bangladeshi immigrants, observing that such acts strike at the very foundation of national security and governance. However, the court granted him the liberty to seek bail before the trial court.
The order was passed by Justice M Nagaprasanna while hearing a petition filed by Arnab Mondal, a photocopy shop owner who had sought the quashing of criminal proceedings initiated against him. The court ultimately permitted the petitioner to withdraw his plea and approach the trial court for bail.
During the hearing, the petitioner’s counsel argued that there was no valid basis for the arrest and maintained that Mondal had not committed any offence. The submission, however, drew strong criticism from the court.
Expressing serious concern over the allegations, the bench observed that the case involved grave offences affecting the country’s interests. The court remarked that individuals who allegedly help foreign nationals obtain fake Aadhaar cards undermine the integrity of India’s administrative and security systems.
Questioning the plea for quashing the case, Justice Nagaprasanna noted that if such activities were allowed to continue unchecked, they could pose significant risks to the nation.
The court further observed that Aadhaar cards enable access to a range of rights and benefits, making their misuse a matter of serious concern.
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The bench also questioned how foreign nationals could obtain identity documents with such ease and expressed anxiety about the larger implications for national security. It stressed that the interests of the country must take precedence and observed that those involved in creating fraudulent identity documents could not seek relief merely on technical grounds.
Defending his client, the petitioner’s counsel informed the court that Mondal had been in custody since February 21, 2024, and had already spent nearly half of the maximum sentence prescribed for the offences alleged against him. The counsel further argued that provisions of the Foreigners Act invoked in the case were not applicable to the petitioner.
The court, however, remained unconvinced and stated that it found no reason to interfere with the petitioner’s continued custody at this stage. It reiterated that the allegations involved facilitating identity documents for foreign nationals, thereby enabling them to obtain rights and privileges within the country.
While declining to entertain the plea for quashing the proceedings, the court suggested that the petitioner seek bail before the trial court. It also indicated that the trial court should consider such a bail application on its merits. Following this observation, the petitioner’s counsel sought permission to withdraw the petition, which was allowed by the court.
Background of the case
The case stems from a police raid conducted on November 21, 2024, by Surya Nagar Police under the leadership of then Anekal Sub-Division Deputy Superintendent of Police BK Mohan Kumar. Acting on specific intelligence inputs, police raided a cyber centre located in Heelalige village of Attibele Hobli in Anekal taluk.
During the operation, investigators allegedly discovered that Arnab Mondal had been using forged documents to facilitate Aadhaar card registration for Bangladeshi nationals residing illegally in India. Police subsequently arrested him and registered a criminal case.
Mondal later approached the Karnataka High Court seeking the quashing of both the criminal case and the proceedings pending before the 3rd Additional District and Sessions Court in Bengaluru Rural district.
With the High Court refusing to interfere and permitting withdrawal of the petition, the accused is now expected to pursue bail before the trial court while the criminal proceedings continue.
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