Aniruddha Bose, J. - (1.) The petitioners before us are two citizens of Bangladesh who have been taken into custody on the allegation of remaining in India after lapse of their visas, and also for making forgery of certain documents. The petitioners were arrested on 20th July 2015 on the basis of a complaint instituted by one Nani Gopal Biswas, who also happens to be the brother -in -law of the petitioner No. 1. The petitioner No. 2 is the wife of the petitioner No. 1.
(2.) We are apprised by Mr. Kabir, learned counsel for the petitioners that charge -sheet has been submitted. Complaint against the petitioners relate to commission of offences under the provisions of Ss. 14/14A(b)/14C of the Foreigners Act, 1946 and Ss. 467/471 of the Indian Penal Code, 1860. Mr. Kabir also brought to our notice that the daughter of the petitioner is at present lodged in a juvenile home for her care and protection. Case of the petitioners is that they, along with their daughter had been staying in Nabadwip and working at the temple complex of the International Society of Krishna Consciousness (ISKCON) Mayapur, after entering into India in the month of December, 2013 with valid passports and visas. One Sanjib Kumar Biswas, who was also a Bangladeshi citizen was arranging for their stay and extension of visa in India. Said Sanjib Kumar Biswas is the son of Nani Gopal Biswas, on whose complaint the F.I.R. was registered against the petitioners. It has also been pointed out by Mr. Kabir that Said Sanjib Kumar Biswas has subsequently become a citizen of the United States of America. Grievance of the petitioners is that on the pretext of helping them, said Sanjib Kumar Biswas had committed rape on their daughter. Thereafter, complaint was lodged against Sanjib Kumar Biswas in Nabadwip police station on 27th October, 2014 by the aforesaid juvenile victim. Nabadwip Police Station Case No. 606/14 dated 27th October, 2014 has been initiated against said Sanjib Kumar Biswas. So far as the complaint against the petitioners is concerned, this was lodged on 3rd July, 2015.
(3.) Mr. Kabir has pressed the plea for bail of the petitioners mainly on the basis of a Notification and an Order of Central Government, both dated 7th September, 2015. These instruments stipulate: - - "(i) G.S.R. 865 (E), - In exercise of the powers conferred by Sec. 3 of the Passport (Entry into India) Act, 1920(34 of 1920), the Central Government hereby makes the following rules further to amend the Passport (Entry into India) Rules, 1950, namely: - - 1. (1) These rules may be called the Passport (Entry into India) Amendment Rules, 2015. (2) They shall come into force on the date of their publication in the Official Gazette. 2. In the Passport (Entry into India) Rules, 1950, in rule 4, in sub -rule (1), after clause (h), the following clause shall be inserted, namely: - - "(ha) persons belonging to minority communities in Bangladesh and Pakistan, namely, Hindus, Sikhs, Buddhists, Jains, Parsis and Christians who were compelled to seek shelter in India due to religious persecution or fear of religious persecution and entered into India on or before the 31st December, 2014 - (i) without valid documents including passport or other travel documents: or (ii) with valid documents including passport or other travel document and the validity of any of such documents has expired: Provided that provision of this clause shall take effect from the date of publication of this notification in the Official Gazette". (iii) "G.S.R. 686(E). - In exercise of the powers conferred by Sec. 3 of the Foreigners Act, 1946(31 of 1946), the Central Government hereby makes the following order further to amend the Foreigners Order, 1948, namely: - - 1. (1) This Order may be called the Foreigners(Amendment) Order, 2015 (2) It shall come into force on the date of its publication in the Official Gazette. 2. In the Foreigners Order, 1948, after paragraph 3, the following paragraph shall be inserted, namely: - - "3A. Exemption of certain class of foreigners._ (1) Persons belonging to minority communities in Bangladesh and Pakistan, namely, Hindus, Sikhs, Buddhists, Jains, Parsis and Christians who were compelled to seek shelter in India due to religious persecution or fear of religious persecution and entered into India on or before the 31st December, 2014 - (a) without valid documents including passport or other travel documents and who have been exempted under rule 4 from the provisions of rule 3 of the Passport (Entry into India) Rules, 1950, made under Sec. 3 of the Passport (Entry into India) Act, 1920(34 of 1920); or (b) with valid documents including passport or other travel document and the validity of any of such documents has expired. are hereby granted exemption from the application of provisions of the Foreigners Act, 1946 and the orders made thereunder in respect of their stay in India without such documents or after the expiry of those documents, as the case may be, from the date of publication of this order in the Official Gazette".;