The Lucknow bench of the Allahabad High Court delivered a sharp rebuke to the Uttar Pradesh Police's Anti-Terror Squad. The court expressed serious displeasure over the ATS's failure to arrest a man accused of leading a group involved in illegally settling Bangladeshi nationals and Rohingya in India.
Court Questions Delay in Arrest
A division bench comprising Justices Pramod Kumar Srivastava and Rajesh Singh Chauhan rejected the anticipatory bail petition of accused Abdul Ghaffar. The bench directly questioned the investigating officer present in court about why no serious efforts were made to apprehend Ghaffar.
The court noted that Ghaffar's alleged activities came to the agency's notice in 2021. However, the case was only registered in October 2023. The bench found this delay unacceptable given the serious nature of the allegations.
Serious Allegations Against Accused
Ghaffar faces multiple charges including human trafficking, cheating, forgery, and conspiracy under the Indian Penal Code. He is also charged under provisions of the Foreigners Act and Passport Act. The ATS named him as one of ten accused in the case registered on October 11, 2023.
The Additional Advocate General opposed the bail petition, describing Ghaffar as the kingpin of a syndicate. This syndicate allegedly provided illegal help to Bangladeshis and Rohingya involved in anti-India activities.
Court's Strong Observations
In its January 9 order, the bench stated clearly: "We put on record our serious displeasure and anguish on the callous and careless approach of the Investigating Agency." The court emphasized that the allegations involve not just cognizable offenses but activities that could jeopardize the country's security, safety, peace, and harmony.
The bench directed that this matter must come to the notice of several senior officials including:
- The Chief Secretary of Uttar Pradesh
- The Additional Chief Secretary, Home
- The Principal Secretary/Secretary of the Chief Minister
- The Director General of Police, Uttar Pradesh
Financial Transactions Revealed
The court examined the case diary presented by the Additional Advocate General. It revealed that the accused allegedly created a syndicate that opened accounts and received cash through illegal means. The money came from hawala transactions from other countries.
These funds were used to extend help to infiltrators and unauthorized people, mainly Bangladeshis and Rohingya. The court noted that substantial amounts of money from some Rohingya people were transferred to accounts of a society run by the accused.
This money was reportedly used to construct houses and huts at various places in India for Rohingya settlement.
Previous Bail Rejection
Earlier, the NIA court in Lucknow had also rejected Ghaffar's anticipatory bail petition in November 2025. The current High Court order reinforces that decision, stating that granting anticipatory bail in such cases would harm the investigation.
The bench observed: "Anticipatory bail to accused in cases of the present nature would greatly harm the investigation and would impede the prospects of unearthing of the ramifications involved in the conspiracy. Public interest also would suffer as a consequence."
Surveillance Since 2021
It was submitted in court that key functionaries of the group were placed under surveillance after the National Investigation Agency and UP ATS discovered their anti-national activities in October 2021. Despite this early knowledge, the ATS failed to make timely arrests according to the court's observations.
The court concluded that this was not a fit case for granting anticipatory bail. The bench cited serious allegations, credible evidence being collected by investigating agencies, and the likelihood that custodial interrogation would be necessary.
