The Supreme Court on 9 May 2026 observed that mere illegal infiltration into India by Bangladeshi nationals does not amount to a terrorist act, while granting bail to a Bangladeshi man arrested by the National Investigation Agency (NIA) in Bengaluru in 2023 over allegations linked to forged documents and facilitation of illegal immigration, as reported in Times of India.
A bench comprising Chief Justice Surya Kant and Justice Joymalya Bagchi made the observation while hearing the bail plea of Amol Chandra Das alias Sujib, who was arrested by the NIA in November 2023. Das had allegedly been living in Bengaluru for around 10 years using forged documents and was accused of helping Bangladeshi nationals illegally enter India.
Additional Solicitor General SD Sanjay opposed the bail plea and argued that although other accused persons in the case had already been granted bail, Das was allegedly part of a syndicate engaged in trans-national trafficking of Bangladeshis into India using forged documents.
Sanjay told the court that the accused was not entitled to bail due to the nature of the allegations against him.
During the hearing, Justice Joymalya Bagchi remarked, “Illegal immigration is not a terrorist act. Just because they have travelled across border without valid documents or no documents, it does not become a terrorist act without any other overt action that would qualify as terror acts.”
Chief Justice Surya Kant also observed, “India shares a porous border with Bangladesh. There are a large number of Bangladeshis staying in India despite immigrating illegally.”
The Supreme Court subsequently granted bail to Das, while directing him to report once every week before the Bengaluru unit of the NIA. The bench also instructed the counter-terror agency to verify the place where the accused would be staying after release.
The Karnataka High Court had earlier rejected Das’s bail plea. While refusing relief, the High Court had observed that material on record allegedly showed the creation of Aadhaar documents in Karnataka and Assam on the same day.
The High Court had stated, “Appellant is a Bangladeshi and material on record clearly discloses with regard to the alleged creation of document of Aadhaar card on the same day at Karnataka as well as Assam, and on perusal of the same, it discloses insertion of photo and obtaining the Aadhaar card and passport is also obtained based on those documents and travelled five times to Bangladesh.”
Accepting the prosecution’s argument that the accused could abscond if released on bail, the Karnataka High Court had rejected his plea.
The issue of illegal immigration by Bangladeshi nationals had also figured prominently in the BJP’s election campaign, particularly in West Bengal, where the party had alleged that “ghuispaithiyas” or infiltrators posed a threat to the country’s economy and national security. The party on Friday reiterated its commitment to fulfilling its poll promises on the issue.
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