Foreigners Being Held In Detention Centres Despite Bail, Trial Courts Must Expeditiously Dispose Of Cases Against Them: Delhi High Court

The Delhi High Court has underscored the need of speedy disposal of cases against foreign nationals who are detained in detention centres despite being admitted to bail, thereby restricting their liberty due to pendency of cases for long period.

Justice Anoop Kumar Mendiratta said that the trial courts in the national capital must deal with criminal cases involving foreigners expeditiously, in the interest of equity and fair play, to ensure that their liberty is not restricted or curtailed due to delay in the conclusion of trials.

“A copy of this order be forwarded to the Competent Authority for compliance and be also circulated to the Officers of District Judiciary for information,” the court ordered.

The court observed that though the Government has the absolute power to regulate the entry and stay of foreigners, Article 21 of the Constitution of India guarantees the protection of personal liberty of a citizen and foreigners alike.

“No person can be deprived of personal liberty except according to procedure established by law. As such, whether a foreigner released on bail needs to be detained in a Detention Centre during pendency of proceedings/appeal depends upon the facts and circumstances of each case,” the court said.

Justice Mendiratta made the observations while dealing with a plea moved by a Nigerian national seeking the release of his passport and renewal of the visa. The application was moved in the foreigner's appeal against his conviction and three years of sentence in an NDPS case.

In February 2017, the sentence of the foreign national was suspended. He was also granted bail by the High Court. Last year, the court directed the Registry to release his passport and permitted him to make the necessary application for renewal of his passport to the High Commission of Nigeria.

The foreigner's counsel submitted that the passport was renewed but directions needed to be issued for renewal of the appropriate category of Visa to ensure that his stay in India was authorized during the pendency of his appeal.

Observing that the foreign national was constrained to stay back in India on account of pending appellate proceedings, the court allowed him to file an application for the grant of an extension of Visa during the pendency of his appeal and directed the authorities to dispose it of in a time-bound manner.

It observed that the foreign national should not be deprived of his liberty and kept in the Detention Centre despite suspension of his sentence and grant of bail, for want of extension of Visa of appropriate category.

“The matter assumes significance in view of difficulties faced by foreign nationals embroiled in criminal cases, since despite being granted the benefit of bail, their movement remains restricted due to confinement in Detention Centres,” the court said.

Counsel for Appellant: Mr. Vikas Walia, Ms. Drishti Harpalani and Mr. Yash Bansal, Advocates

Counsel for Respondent: Mr. Ajay Vikram Singh, APP; Mr. Kirtiman Singh, CGSC with Mr. Waize Ali Noor and Ms. Vidhi Jain, Advocates for FRRO

Title: MICHAL BENSON NWAOGU @ CHUNA BENSON v. STATE

Citation: 2024 LiveLaw (Del) 129