Kerala High Court Directs State To Set Up Temporary Detention Centres For Foreign Citizens Without Travel Documents Within 2 Months

The Kerala High Court on Monday directed the State Authorities and Secretary, Social Justice Department, to set up temporary detention centres for foreign citizens who do not possess travel documents within a period of two months.

Justice Ziyad Rahman A A further clarified that the setting up of the detention centres must be done in conformity with the stipulations given by the Central Government.

The Court was adjudicating upon a plea filed by a Nigerian citizen who, despite being granted bail, was still languishing in jail owing to the non-establishment of a detention centre for foreigners. The petitioner had thereby approached the Court seeking an order directing the Foreigners Regional Registration Officer to specify any detention centre other than Central Prison.

The Counsel appearing for the Central Government pointed out that several foreign nationals, including two children, are awaiting accommodation, and they are accommodated inside prison along with other ordinary prisoners at the moment. As per the norms, they are to be accommodated in the detention centre as expeditiously as possible, and since children are also among the said foreigners, serious prejudice is being caused.

The Senior Public Prosecutor on the previous hearing had submitted before the Court that the State has already identified another building with more facilities to accommodate more number of inmates, and the process is ongoing to set up the said facility in the new building.

Accordingly, the Court has thereby directed the State Authorities to set up the detention centre per the stipulations given by the Central Government within a period of two months.  

The matter shall be taken up after one month to enable the Court to have updates on the matter. 

Case Title: Olorumemi Benjamin Baba Femi v. Union of India 

Citation: 2022 LiveLaw (Ker) 391