Kerala High Court Pulls Up State Authorities For Not Setting Up Temporary Detention Centres For Foreign Citizens Lacking Travel Documents

The Kerala High Court on Thursday, pulled up the State Authorities for failing to implement its orders for setting up of temporary detention centres for foreign citizens, who do not possess travel documents, and has directed the Secretary to Social Justice Department and Additional Chief Secretary, Home and Vigilance Department to set up the temporary facility on a war footing basis.

Justice Ziyad Rahman A A in the order dated September 15 remarked that despite various orders passed by the Court, the government is not taking proper steps. 

"...it is evident that even though a temporary facility was earlier reported to have been identified by the Home Department, the same did not materialise and now further orders are seen passed to achieve the said object. Therefore, it is evident that the Government is not taking proper steps in this regard despite various orders passed by this Court from time to time."

The plea was moved 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 Court had previously 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 and had also clarified that the setting up of the detention centres must be done in conformity with the stipulations given by the Central Government.

The Counsel appearing for the Central Government had previously submitted before the Court that 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. 

When the matter was taken up by the Court for consideration, Senior Government Pleader produced before the Court a Government Order as per which steps have been taken to set up permanent detention centre or transit home. As regards to the temporary arrangement for setting up detention centre or transit home as previously ordered by the Court, it was pointed out that the Government has directed the Director of Social Justice Department to identify suitable building for accommodating eligible foreigners in a temporary facility on a provisional basis.

The Court observed that it is evident that even though a temporary facility was earlier reported to have been identified by the Home Department, the same did not materialise and now further orders are seen passed to achieve the said object.

Taking into consideration of the urgency of the matter, the Court observed that as far as the necessity to set up the temporary facility pointed out by the Counsel appearing for the Central Government, it should be established urgently. 

Since the previous timeline established by the Court is not yet over, the Court has directed the Secretary to Social Justice Department and Additional Chief Secretary, Home and Vigilance Department (additional 5th respondent) to take urgent steps to identify the building and to set up a temporary facility as directed by the Court on a war footing basis. 

The matter has been posted for 14th October, and the Court has also directed the Additional Chief Secretary, Home and Vigilance Department report with the regard to the compliance of the orders. 

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

Click Here To Read/Download The Order