Take Policy Decision On Guidelines For Foreigners With Criminal Cases And Expired Indian Visas: Delhi High Court To Centre

The Delhi High Court has recently asked the Union Government to take a policy decision as to whether certain guidelines ought to be framed at national level in respect of foreigners against whom criminal cases are lodged and whose Indian visas have expired.

A division bench comprising of Justice Prathiba M Singh and Justice Amit Sharma also directed the Centre to decide if such foreigners who are given bail ought to be retained in detention centres and whether their visas ought to be extended.

“Let a decision be taken on these issues and the same be placed on record before the next date of hearing,” the Court said.

The bench was dealing with a criminal reference case sent to it by the trial court concerning the issue.

Union Government's counsel told Court that at a policy level, the Government is seized of the matter, however, no decision has been taken yet as to whether foreigners who are granted bail can be detained in a detention centre or whether their visas would have to be extended for them to face the trial before the concerned court.

It was also submitted that the issue has a major impact on the manner in which the bail orders are passed for foreign nationals.

“Copy of the present order be sent to the Secretary, Ministry of Home Affairs, as also Secretary, Ministry of External Affairs, UOI. The present order be communicated through counsel to the concerned officials, for necessary information and compliance,” the Court ordered.

The matter will now be heard on December 16.

Title: COURT ON ITS OWN MOTION v. STATE

Citation: 2024 LiveLaw (Del) 1217

Click here to read order