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ANISH DAYAL
Emechere Maduabuchkwu – Appellant
Versus
State NCT of Delhi – Respondent
JUDGMENT
1. These petitions have been filed by the petitioner who is a Nigerian national seeking setting aside order dated 14th July, 2021 passed by the Foreigners Regional Registration Officer (FRRO) (respondent herein) by which petitioner was restricted to move out of Sewa Sadan, Lampur, Narela, Delhi until his travel arrangements were made. The issue under consideration is essentially the grant of bail to a foreign national but with conditions of being sent to a detention centre, considering that the visa of stay in India of such a national had expired. The factual background relating to this matter is as under.
Factual background
2. The petitioner came to India in November, 2014 and got married to Ms. Rinkoo Tripathi in the month of December, 2015 and started residing with his wife in Delhi. Petitioner was running an African kitchen at H. No. 102 B, 50 Foota, Vijay Laxmi Park, Nilothi Extn., New Delhi-110041 to earn his livelihood. As per the case of the prosecution, a police team in April, 2021 while patrolling received secret information that the petitioner is running an African Kitchen in that area where some suspicious people come, drink liquor and create nuisance. After r
Foreign nationals, especially undertrials, should not be detained without due process of law. The competent authority should consider alternative options under Section 3(2) of the Foreigners Act, suc....
The court ruled that it lacks jurisdiction to direct visa issuance in bail proceedings, emphasizing the distinction between judicial custody and executive detention under the Foreigners Act.
Bail conditions for foreign nationals must respect personal liberty under Article 21 and cannot lead to indefinite detention without legal backing.
Natural justice must be afforded before restricting the movement of foreigners under the Foreigners Act.
Bail conditions must not be excessively onerous, as this equates to a refusal of bail, violating the principles of justice, especially for foreign nationals under Article 21.
The main legal point established in the judgment is the importance of personal liberty, equality before the law, and the need to impose conditions to ensure the petitioner's availability for trial, r....
The court established that foreign nationals facing criminal charges in India are entitled to fundamental rights, including the right to a fair trial and bail, but these rights must be balanced again....
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