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Imposing a Bail Condition to keep a Foreigner in Detention Centre is not in violation of Article 21: Karnataka High Court

Imposing of a condition of placing in a Detention Center cannot be said to be illegal and unjustifiable and is not violative of Article 21 of the Constitution held by Justice Hanchte Sanjeevkumar in Toichubek Uulu Bakytbek and the State of Karnataka [Criminal Petition No. 200595/2020].

Facts related to this case is: the petitioner was a foreign national and was a citizen of Kyrgyzstan, had come to Bidar District of Karnataka on a tourist visa and stayed at Bilal Masjid at Bidar. It was alleged against the petitioner that he had come to India On a tourist visa but had violated the conditions of the visa and thus committed the offence of violation of the provision of the FA Act. Therefore with the accusation, the petitioner had violated the provisions of the FA Act by violating the regulations of granting passport and visa, which led to the registration of a case against the petitioner for the offence under sections 14(a),14(b), and 14(c)of FA Act,1946and he was arrested.

It was further observed by the Hon’ble Court that “The Detention Centres are not to be construed as putting them into a Jail/Prison. The object behind such establishment of Detention Centre and placing foreign nationals against whom cases have been registered under the FA Act, 1946 is just to restrict their movements across India and should not travel according to their whims and fancies and remain untraceable or absconded or flee away from justice. Therefore, under these facts and circumstances imposition of such condition placing the petitioner in Detention Centre cannot be said to be harsh or even illegal and unjustifiable and it is not violative of Article 21 of the Constitution of India.”

It was further observed by the court that “Where a reasonable restriction is made and that is found to be reasonable that cannot be said that there is a violation of Article 21 of the Constitution of India and in this regard, I am unable to accept the contention urged by the learned counsel for the petitioner that there is violative of Article 21 of the Constitution of India imposing such condition. The State has every power to make such restrictions as vested under the law keeping the sovereignty of the country.”

The Hon’ble Court while relying on the case of  Babul Khan & Ors vs. State of Karnataka & another [Crl.P.No.6578/2019], observed that “ Further, the Hon’ble Apex Court in the W.P.No.(Civil) No.406/2013 was pleased to pass order on I.A.No.105821/2018 dated 12.09.2018 and 20.09.2019 and issued directions for setting up of Detention Centre and accordingly, the Central Government had issued directions and also prepared Standard Operating Procedure (SOP) and accordingly the respondent-State has also established Detention Centre in Karnataka. This is also observed by this court in Babul Khan’s case (supra) and therefore keeping the foreign nationals or any suspected foreign nationals for having violated the provisions of the FA Act in the Detention Centre is perfectly justifiable.”

It was held by the Court that putting foreign nationals, who violates the law of the country after obtaining bail, in a detention centre is different from putting them in jail. Therefore, ordering for placing the petitioner in a detention centre till completion of trial and thereafter till deporting to his country is perfectly within the ambit of law as enshrined in the FA Act and also as per the dictum of this Court in Babul Khan’s case (supra).

 Accordingly, the petition has been dismissed.

Click here to read the judgement

 

Judgement reviewed by-Sarita Kumari