Back
IN THE HIGH COURT OF DELHI AT NEW DELHI
ANUP JAIRAM BHAMBHANI
Aizaz Kilicheva @ Aziza @ Maya – Appellant
Versus
State NCT Of Delhi – Respondent
JUDGMENT :
ANUP JAIRAM BHAMBHANI, J.
1.While considering a bail petition filed by a foreign national, is it permissible for this court to also direct the State authorities to grant to such person a visa to enable the foreign national to continue to reside in the country and participate in pending criminal proceedings? This is the question that has presented itself in this matter.
2. Though the present petition was filed only for grant of regular bail in case FIR No.148/2022 dated 22.07.2022 registered under sections 3/4/5 of the Immoral Traffic (Prevention) Act, 1956 (‘ITP Act’) at P.S. Crime Branch, Delhi (‘subject FIR’), the proceedings acquired added complexity as regards the jurisdiction of this court to direct the State authorities to also grant an appropriate visa to the petitioner.
3. Consequent upon completion of investigation in the case, offences under sections 366-B/370/419/420/465/466/467/468/471/474/109/ 120-B/34/174-A of the Indian Penal Code, 1860 (‘IPC’) and under section 14 of the Foreigners Act, 1946 (‘Foreigners Act’) were also added by way of the charge-sheets and supplementary charge-sheets filed by the prosecution.
4. Pertinently however, on 02.02.2024 the Investig
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.
An FIR against a foreign national for overstaying a visa can be quashed if no violation of visa conditions occurred, emphasizing deportation over criminal prosecution.
Imposing bail conditions that result in indefinite detention violates fundamental rights under Article 21 and contravenes bail provisions stated in the Cr.P.C.
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.
Bail conditions for foreign nationals must respect personal liberty under Article 21 and cannot lead to indefinite detention without legal backing.
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....
Charges under the Foreigners Act and Passports Act are not sustained when valid visas and passports are presented without immigration stamps; the appropriate legal remedy is deportation instead of pr....
Violation of Visa Rules – A foreign national cannot be apprehended simply on cynic suspicion.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
