The FRRO has exclusive authority under the Foreigners Act for detaining foreign nationals, and judicial review processes must be adhered to for modifications.

ORDER

The petitioner claims that he is a refugee from Afghanistan. His refugee status has been recognized by the United Nations High Commissioner for Refugees, India. He has been charged as the first accused in Crime No. 337/2023 of the Changanacherry Police Station, Kottayam, under Sections

14(a) and 14(c) of the Foreigners Act, 1946 .

2. The specific allegation against the petitioner is that he arrived in India on a medical visa, which was valid from 20 June 2018 to 13 September 2018. It is further alleged that he overstayed in India after his visa expired. The second accused in the crime is alleged to have employed the petitioner in his hotel, despite knowing he is a foreign national.

3. The petitioner filed an application for bail under Section 437 of the Code of Criminal Procedure (CrPC) before the learned Judicial First Class Magistrate I, Changanacherry. While granting bail, the learned Magistrate imposed a condition that the investigating officer shall take the petitioner to the transit home being run by the Social Justice Department of the State Government at Kottiyam in Kollam District, upon his release from jail. The Magistrate further directed that the caretaker/authority of the transit center shall not release, shift, or transfer the petitioner from the center without the orders of the Court.

4. Sri. Adithya Rajeev, contends that the order passed by the learned Magistrate is not sustainable under the law. According to the counsel, the Magistrate did not have the power to remand the petitioner to the detention center, as this power is exclusively vested in the Foreigner Regional Registration Office (FRRO).

5. On 18 April 2023, this Court issued directions to the third respondent to take a decision in the matter under the Foreigners Act, 1946 . In accordance with the orders issued by this Court, an order dated 7 June 2023 was issued by the FRRO, Cochin. By this order, the FRRO invoked its powers under the , the Government of India notification No. 4/3/56(i)-F-1 dated 19 April 1958, and Para 11(2) of the Foreigners Order 1948 to detain and restrict the movement of the petitioner. The petitioner was ordered to be transferred to the Transit Home functioning at House No. 871/B, Ward No. 6, Mayyanad Road, Kottiyam, Kollam District, until the completion of the judicial trial or further orders.

6. I have heard Sri. Adithya Rajeev, learned counsel for the petitioner, Sri. Vipin Narayan, learned Government Pleader, and Sri. Manu S., D.S.G. of India.

7. I find that during the pendency of the matter before this Court, the detention order dated 7 June 2023 has been passed. It is submitted across the bar that the petitioner intends to challenge the aforesaid order by initiating appropriate proceedings. If the petitioner is successful in securing orders against the order of detention, he may approach the learned Magistrate and seek a modification of the orders. If such an application is filed, the learned Magistrate shall consider and pass orders in accordance with the law.

Accordingly, this petition is disposed of.