Supreme Court Issues Notices To Union & FRRO On Plea Against Detention Of Nigerian National In Tamil Nadu

The Supreme Court today issued notices to the Union of Indian and Foreigners Registration Office in a special leave petition filed by the Indian wife on behalf of a Nigerian national detained in Special Camp (Foreigners), Tiruchirappalli for allegedly committing various offences under the Indian Penal Code and the Information Technology Act.

As per the SLP, Aluko Oluwa Tobi Jones was granted bail by the Sessions Court on April 17, 2024, in the FIR lodged against him under Sections 420 and 406 of the IPC and Section 66E of the IT Act. However, before he could be out on furnished bail bond and be released on bail, the Government of Tamil Nadu issued a Government Order (G.O.) on April 26 confining him to the special detention camp.

The G.O. was challenged before the Madras High Court but the Court refused to interfere with the impugned G.O. on grounds of public interest as it noted that during the proceedings, it was revealed that the Nigerian national was in possession of as many as five passports. He had created a false website and cheated to the tune of Rs. 40 Lakhs. Against the June 18 order of the High Court, the present SLP has been filed.

When the matter came up before a bench of Justices J.B. Pardiwala and Manoj Misra, it was revealed that the visa of the Nigerian national had already expired. Moreover, he has applied for Indian citizenship.

Justice Pardiwala inquired if the attempts were made to recover 5 alleged passports from Aluko. To this, the counsel responded in negative. The counsel added that there are only two passports: one which has expired and one which is currently subsisting.

The Court ordered: "The applicant before us is a Nigerian citizen. According to him, he got married to an Indian lady in 2019. The FIR lodged against him in Police Station in Tiruchirappalli, in district...barring number 22/2023 for offences punishable under Sections 66E of IT, 406 and 420, 465, 468 IPC. After his arrest in connection with this FIR, he was ordered to be released on bail but the Court of Judicial Magistrate through order dated April 17, 2024. Before the applicant could furnish bail bond and get himself released, a Government Order was passed by State of Tamil Nadu dated April 26, 2024 ordering his confinement in a special detention camp. In such circumstances referred to above, the Government Order came to be challenged before the High Court. The challenge failed and in such circumstances, he is hear before the Court in special leave petition.

According to learned counsel for Petitioner, his client had a valid visa when he came to India. However, the validity of visa expired. In such circumstances, he applied for extension of visa. He further pointed out he has also applied for Indian citizen. We have no idea what is status of of his application seeking extension of visa or how the same has been dealt by authority concerned. We also have no idea of the status of application seeking Indian citizenship. All that is pointed out that his wife is on bail and is residing in Uttar Pradesh. Prima face, it could be said that his stay in the country on bail illegal because he has no valid visa. In such circumstances, we permit the petitioner to implead the Union of India and the FRRO [Foreigners Registration Office]. Let notices be issued to newly impleaded respondents returnable in the next date of hearing. They shall file a report on status of visa and other documents of the petitioner. Post it after three weeks."

Case Details: JYOTI TOBI JONES v. THE ADDITIONAL SECRETARY TO THE GOVERNMENT AND ORS. SLP(Crl) No. 12912/2024