Mere Passivity and Insouciance Will Not Tantamount to Offence of Abetment – Calcutta High Court Acquits Man in Foreigners Act Case

In a significant judgment, the Calcutta High Court today acquitted Akhirujjamal @ Akhirujjaman @ Afrul Doctor of charges under Section 14C of the Foreigners Act, emphasizing that mere passivity does not amount to abetment.

The core legal issue in this appeal was whether mere passivity could be considered as abetment under Section 14C of the Foreigners Act. The High Court’s decision hinged on the interpretation of ‘abetment’ as active encouragement, instigation, or aiding in the commission of an offense, which was found lacking in Akhirujjamal’s actions.

The case stemmed from an FIR lodged on October 17, 2014, involving the detention of two Bangladeshi nationals who were residing in a house reportedly rented from the appellant, Akhirujjamal. The trial court had convicted him on January 25 and 27, 2017, for harboring foreigners without valid documents. Akhirujjamal appealed against this conviction, questioning the evidential basis for his alleged abetment.

The court noted that there was insufficient evidence to prove that Akhirujjamal had any knowledge of the foreigners’ status or that he had actively engaged in harboring them.

Reference was made to the Supreme Court’s decision in Abinash Dixit Vs. The State of Madhya Pradesh, which clarified the necessity of active engagement for abetment under the Foreigners Act.

The judgment reasserted the legal definition of abetment, which requires more than passive behavior or mere lack of action. It emphasized that abetment involves a certain degree of active participation or encouragement.

The court highlighted the prosecution’s failure to establish a direct link between Akhirujjamal and the alleged abetment. There was no evidence presented that convincingly showed that Akhirujjamal had rented the house to the detained individuals knowing they were foreigners without valid documents.

Decision: The High Court set aside the conviction and sentence passed by the Sessions Judge, Cooch-Behar, thereby acquitting Akhirujjamal of the charges under Section 14C of the Foreigners Act. He was released from his bail bonds, and all connected applications were disposed of.

Date of Decision: May 3, 2024

Akhirujjamal @ Akhirujjaman @ Afrul Doctor versus The State of West Bengal