Supreme Court Seeks Union's Response On Plea Seeking Release Of 2 Uzbek Nationals From Foreigners Detention Centre

The Supreme Court, on Monday, asked the Additional Solicitor General, SV Raju, to seek instructions from the appropriate Ministry of the Government of India with respect to the plea seeking release of two Uzbek nationals from detention centre (Bihar Institute of Correctional Administration), who had already been granted release order by the Trial Court.

“ASG SV Raju is present in the court and is requested to take notice and complete instructions. List next week.”

The two accused were arrested on 9th February, 2023 for offences punishable under Section 420, 212, 120(B), 34, 14 of the Foreigners Act, 1940 and Section 12 of Passport Act. On 14th February, 2023, the trial court granted bail to the accused persons noting -

“the accused persons are ladies and foreign citizens and neither have knowledge of English or other Indian language nor any family member of the said accused present before the court to take custody of the accused hence proper and care protection are required and it is also necessary to secure presence of the accused persons before the court, when it is necessary because said accused applicant are foreign citizen herein, hence Jail Superintendent , Sitamarhi has also directed to release the said accused but handover the custody of the said accused to Appropriate Authority who authorize to take custody of the foreign citizens proper care and protection and also inform the court about authority who take the custody”.

Thereafter, they were shifted to Bihar Institute of Correctional Administration (BICA). On 3rd March, 2023, the Embassy of the Republic of Uzbekistan wrote to the BICA vouching for the accused persons’ citizenship. Request was made to release them and hand over their custody to the petitioner. When the petitioner went to BICA, she was informed by the Director of BICA that he cannot hand over custody with a court order. Application for custody was filed before the Trial Court, which was duly allowed. Even after the Trial Court issued a clear order of release, the Director refused the handover of custody.

A Bench comprising Justice Dinesh Maheshwari and Justice Sanjay Kumar issued notice in the plea and asked the ASG if some solution could be found in this regard.

Justice Maheshwari told the ASG, “If a solution could be found. These are some Uzbekistan nationals. There are orders for their release, but they are not being released. Why are they unnecessarily being detained? You can seek instructions.”

The petition seeks relief in terms of Article 21 of the Constitution of India that contemplates that no one should be deprived of their life and personal liberty except according to procedure established by law. It also requires the procedure to be fair and just.

The petition was filed through Advocate-on-Record, Ekansh Bansal and was argued by Senior Advocate V. Chitambaresh.

[Case Title: Nargizakhon Otamuradova v. Union of India And Ors. WP(Crl) No. 188/2023]

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