Allahabad High Court Denies Anticipatory Bail to Man Accused of Aiding Illegal Rohingya and Bangladeshi Immigrants
Lucknow, India: The Lucknow bench of the Allahabad High Court on January 12, 2026, rejected the anticipatory bail plea of a key accused in a high-profile illegal immigration case. The court also sharply criticised the investigating agencies for their “callous and careless” handling of the probe and permitted the accused’s arrest if necessary.
The bench, comprising Justice Rajesh Singh Chauhan and Justice P.K. Srivastava, dismissed the appeal by Dr. Abdul Ghaffar, who challenged a November 2025 order of the Special NIA Court in Lucknow that refused his pre-arrest bail.
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Court Slams Investigation, Flags Security Risk
In its detailed order dated January 9, the high court expressed serious displeasure over the slow pace and perceived negligence in the investigation despite severe charges that implicate national security, public order, and communal harmony. The FIR was first registered on October 11, 2023, at the Anti-Terrorist Squad (ATS) police station in Gomti Nagar, Lucknow.
Senior government counsel argued that the accused allegedly received funds from overseas to help settle illegal Rohingya and Bangladeshi immigrants in various parts of India. These funds were reportedly used to erect makeshift homes and other structures for the immigrants.
The court directed its observations to senior state officials, including the Chief Secretary, Additional Chief Secretary (Home), Principal Secretary, Secretary to the Chief Minister, and Director General of Police, for appropriate action.
Defence Claims Lack of Evidence, Probe Delays
Abdul Ghaffar’s defence counsel argued before the high court that more than two years have passed since the FIR was lodged, yet the investigating agency failed to arrest him or file a charge sheet specifically against him. They described the case as based largely on suspicion.
The defence highlighted that while multiple charge sheets were filed against co-accused persons between January 2024 and February 2025, no similar charges were brought against Ghaffar, raising questions about the strength of the evidence.
Additionally, the court was told the investigating officer did not seek a search warrant for the accused’s office premises, even though it was central to the alleged network.
Government Counsels Argue Syndicate, Hawala Networks
Opposing the appeal, government counsel stated that the accused was allegedly involved in a syndicate that collected money through illegal channels, including hawala transactions, from abroad. These funds were purportedly used to help unauthorised foreign nationals settle in India.
The prosecution argued that surveillance evidence and bank records pointed to questionable financial activity linked to the accused. The court accepted that such material was part of the ongoing investigation.
Bail Denied, Arrest May Follow
The high court refused to interfere with the Special NIA Court’s order, reaffirming the gravity of the allegations. It instructed Ghaffar to cooperate with investigators and submit any relevant material to the probe team within a week.
The bench clarified that if custodial interrogation is deemed necessary, the National Investigation Agency (NIA) may arrest the accused according to legal procedures. It also stated that arrest does not prevent him from seeking regular bail, which would be decided on its own merits.
Broader Context: Illegal Immigration Challenges in India
Illegal immigration, especially involving Rohingya refugees and Bangladeshi nationals, remains a contentious issue in India. Under Indian law, unregistered foreign nationals are treated as illegal immigrants, without formal refugee protections.
Security agencies have repeatedly flagged concerns about undocumented migrants in several states, including Uttar Pradesh. Allegations of fraud, identity misuse, and potential links to wider networks have heightened enforcement actions.