1. Detention of foreigner granted bail – Expired exit permit – Overcrowded transit home – Right to decent living. (Para 2 )
Back
Next 
2026 Supreme(Online)(Ker) 37315
IN THE HIGH COURT OF KERALA AT ERNAKULAM
Soumen Sen, CJ, Syam Kumar V.M., J
Abdul Hamid Makame – Appellant
Versus
Union of India – Respondent
WP(CRL.) NO. 889 OF 2026
Advocates:
For the Appellants/Petitioners: Shibin K.F., Kiran Murali, Renjitha B.
For the Respondents: Jaishankar V. Nair, Biju Meenattoor
For the Appellants/Petitioners: Shibin K.F., Kiran Murali, Renjitha B.
For the Respondents: Jaishankar V. Nair, Biju Meenattoor
The Court reaffirmed that the protection of Article 21 of the Constitution of India, specifically the right to a decent standard of living and dignity, extends to foreigners, including illegal immigrants and accused persons awaiting trial.
Headnote:(A) Fundamental Rights - Right to Life and Dignity - Foreign Nationals - Protection under Article 21 - Even a foreigner or an illegal immigrant is entitled to a decent standard of living and protection of life and liberty under the Constitution of India. (Para 2, 4)
(B) Detention - Conditions of Transit Home - Accused facing trial - Detention in overcrowded transit homes lacking basic facilities, akin to prison conditions, is impermissible for a person who is not a convict and has been granted bail. (Para 2, 3)
Issues: Whether a foreign national facing trial is entitled to decent living conditions and the right to challenge the conditions of their detention in a transit home under Article 21.
Legal Category Hierarchy
- constitutional law
- immigration law
- practice and procedure
Table of Contents
2. State directed to identify suitable residence; central government to consider representation for extension of exit permit or deportation. (Para 3 , 6 )
3. Is a foreigner entitled to protection of Article 21 of the Constitution?
Yes, even a foreigner is entitled to the right to life under Article 21, which includes a decent standard of living. (Para 2 , 4 )
4. What standard of accommodation is required for a foreigner granted bail but unable to leave?
The conditions akin to a prison are unacceptable; the state must provide suitable residence pending proceedings. (Para 2 , 3 )
5. What procedure must the government follow when considering a representation for extension of exit permit or deportation?
The respondent must consider and dispose of the representation by a reasoned order within four weeks, after affording opportunity of hearing. (Para 6 )
JUDGMENT
Dated this the 23rd day of June, 2026
Soumen Sen, C.J.
We have heard Mr. Shibin K.F., learned counsel for the petitioner, Mr. Jaishankar V. Nair, learned Senior Panel Counsel for the Union of India, Mr. Biju Meenattoor, learned Senior Public Prosecutor and Mr. Anil K. Bhaskar, Member Secretary, KeLSA.
2. The present transit home, wherein the petitioner is detained, is, as noted in our order dated 18th June, 2026, overcrowded and does not appear to be a proper accommodation for the petitioner, who had been granted bail but is unable to avail the bail conditions as his exit permit (Ext.P4) had expired. Even if he is released on bail, he would still be considered to be an illegal immigrant. Now, in view of the fact that the charge sheet has been filed, he will be required to face trial. Even if it is assumed that the Central Government may pass an order of detention, thereby restricting his movement, before considering any request for extension of the exit permit, if made in accordance with law, the petitioner is entitled to a decent living, as it is trite law that even a foreigner is entitled to the protection of Article 21 of the Constitution of India.
3. The present conditions in the transit home are akin to those of a prison and do not even conform to the basic facilities that should be available to prisoners. The petitioner is not a convict or a prisoner; he is merely an accused facing trial. He had already been enlarged on bail. In such circumstances, the State must take up the matter with the Central Government and identify a suitable place of residence for the petitioner pending the conclusion of the proceedings. The petitioner shall also be at liberty to approach the Central Government seeking permission to reside at a place in Kerala and for extension of the exit permit, so as to comply with the bail conditions, or to take such other steps as may be advised for his deportation, if permissible in law.
4. The petitioner is however entitled to the right to life which includes a decent standard of living to which he is entitled in law.
5. The file marked "Confidential" shall be returned and handed over to the learned Senior Panel Counsel in the course of the day.
6. In the event the petitioner makes a representation to the Central Government, we direct the 2nd respondent to consider and dispose of the same by a reasoned order within four weeks from the date of receipt of such representation, in accordance with law, after affording the petitioner a reasonable opportunity of being heard. The petitioner shall be entitled to be represented by an authorised representative or any person of his choice, or an advocate as the case may be. The said order shall be communicated to the petitioner within one week from the date of passing of the said order.
The matter stands disposed of.
