Lucknow Bench Of Allahabad High Court Pulls Up UP ATS for Lapses in Rohingya–Bangladeshi Settlement Case, Denies Anticipatory Bail to Key Accused
Lucknow: The Allahabad High Court, Lucknow Bench, has come down heavily on the Uttar Pradesh Police Anti-Terror Squad for its failure to arrest a man accused of leading an organised network allegedly involved in illegally settling Bangladeshi nationals and Rohingya in India with the intent of creating unrest and threatening national security.
Rejecting the anticipatory bail plea of Abdul Ghaffar, the court sharply questioned the investigating officer of the ATS, who was present during the hearing, over the agency’s apparent inaction.
The bench sought to know why no serious attempt was made to apprehend the accused, despite intelligence inputs about his alleged anti-national activities surfacing as early as 2021, nearly two years before the formal registration of the case in October 2023.
Court Expresses “Serious Displeasure” Over ATS Conduct
A Division Bench comprising Pramod Kumar Srivastava and Rajesh Singh Chauhan, in its order dated January 9, recorded strong dissatisfaction with the manner in which the investigation has been handled.
The bench observed that the allegations against the accused were not routine criminal charges but were directly related to the security, peace, and harmony of the country.
The judges noted with concern that despite the gravity of the allegations, the investigating agency had failed to take timely and effective steps to arrest the accused or file a chargesheet.
The court directed that its observations be formally brought to the notice of the Chief Secretary of Uttar Pradesh, the Additional Chief Secretary (Home), the Principal Secretary/Secretary to the Chief Minister, and the Director General of Police, Uttar Pradesh, for information and appropriate remedial action.
Anticipatory Bail Would Harm Investigation: Court
The bench categorically ruled that granting anticipatory bail in a case of this nature would be detrimental to the investigation and could severely hamper efforts to uncover the full scope of the alleged conspiracy.
“Granting anticipatory bail in such cases would impede the prospects of unearthing the ramifications involved in the conspiracy. Public interest would also suffer as a consequence,” the court said.
It further held that this was not a fit case for anticipatory bail, especially when credible material was still being collected, and the possibility of custodial interrogation could not be ruled out.
Background of the Case
Abdul Ghaffar is among ten accused named in an ATS FIR registered on October 11, 2023, invoking provisions of the Indian Penal Code relating to human trafficking, cheating, forgery, and criminal conspiracy, along with sections of the Foreigners Act and the Passport Act.
Notably, the National Investigation Agency Court in Lucknow had earlier rejected Ghaffar’s anticipatory bail plea in November 2025, underscoring the seriousness of the allegations.
State’s Stand: Accused Described as Syndicate Kingpin
Opposing the bail plea, the Additional Advocate General (AGA) told the court that Ghaffar was the kingpin of a well-organised syndicate involved in providing illegal assistance to Bangladeshi nationals and Rohingya immigrants.
The alleged support included arranging documentation, financial aid, shelter, and logistical help to facilitate their unauthorised stay in India.
Referring to the case diary and supplementary case diary, the AGA submitted that the accused had allegedly set up a network involving bank accounts, illegal cash transactions, and hawala channels to route money from foreign sources.
These funds were allegedly used to support infiltrators and individuals engaged in anti-India activities.
Money Trail and Housing for Rohingya
The court noted submissions indicating that substantial sums of money from certain Rohingya individuals were transferred to accounts linked to a society run by the accused.
According to investigators, the funds were utilised to construct houses and huts at various locations to accommodate Rohingya settlers within India.
Surveillance Since 2021
It was also placed on record that some key members of the group were put under surveillance in October 2021, after the NIA and UP ATS detected signs of anti-national activities.
Despite these early red flags, the court expressed concern that decisive action was delayed.
A Strong Signal from the Court
By refusing anticipatory bail and openly criticising investigative lapses, the High Court has sent a clear signal that cases involving national security cannot be treated casually.
The order underscores judicial expectations of prompt, professional, and accountable investigation when allegations involve illegal infiltration, organised networks, and potential threats to the country’s internal security.
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