Samuel Akujuobi's continued detention deemed illegal despite bail and pending trial in India.
In a significant ruling, the Delhi High Court has directed the immediate release of Nigerian national Samuel Akujuobi from a deportation centre in New Delhi. The court found that his continued detention was unlawful, given that he had been granted bail and was required to remain in India to face pending criminal charges.
The case, presided over by Justice Neena Bansal Krishna, involved Akujuobi's arrest in 2020 for residing in India without valid travel documents, a violation under the Foreigners Act, 1946. Although Akujuobi was granted bail in 2020, he was later arrested again in connection with a narcotics case in Haryana. Despite being granted bail in this second case as well, he was detained at the Sewa Sadan Deportation Camp in Delhi by the Foreigners Regional Registration Office (FRRO) for deportation purposes.
The court emphasized that detention centres are not intended for judicial custody and that Akujuobi's detention violated the principles of natural justice. It noted that his presence in India was necessary to answer the criminal charges against him, as outlined in Section 5(2)(b) of the Foreigners Order, 1948, which prohibits deportation if a foreigner's presence is required for a legal proceeding.
Justice Krishna highlighted that the central government holds the authority to regulate the presence of foreigners in India under the Foreigners Act, 1946, but such powers must be exercised with due process and fairness. The judgment referenced multiple precedents where courts have ruled against the indefinite detention of foreign nationals post-bail, reinforcing that judicial custody should not extend to deportation centres.
The court ordered Akujuobi's release on the condition that he provides his permanent address and mobile number to the FRRO and reports weekly to the local police station. It further clarified that this order does not prevent future deportation proceedings, contingent upon the conclusion of his legal matters.
This judgment underscores the balance courts must maintain between national security concerns and the fundamental rights of individuals, including foreign nationals, under the Indian legal framework.
Bottom Line:
Detention Centers are not meant for judicial custody, and detention of foreign nationals must comply with due process of law, including principles of natural justice.
Statutory provision(s): Foreigners Act, 1946, Section 3; Foreigners Order, 1948, Section 5(2)(b); Code of Criminal Procedure, 1973, Section 482.
Samuel Akujuobi v. Union of India, (Delhi) : Law Finder Doc id # 2864297
