Court mandates adherence to Article 22(1) and directs deportation procedures for overstaying foreign nationals.
In a significant ruling, the Karnataka High Court has ordered the release of two Nigerian nationals who were arrested for overstaying in India and involvement in narcotics activities. The court found that their arrest violated Article 22(1) of the Indian Constitution, which mandates that every person arrested must be informed of the grounds of arrest in a language they understand. The ruling emphasized that this constitutional safeguard is person-centric, extending protections to all individuals within Indian territory, regardless of nationality.
Justice M. Nagaprasanna, presiding over the case, highlighted the failure of law enforcement agencies to communicate the grounds of arrest to the petitioners in a meaningful manner, as they were provided in a language unknown to them. This oversight rendered the arrest and subsequent custody illegal. The court's decision underscores the critical nature of procedural compliance with constitutional mandates when arresting individuals, including foreign nationals.
The case involved serious allegations under the Narcotic Drugs and Psychotropic Substances Act, 1985, with the petitioners accused of possessing and selling substantial quantities of MDMA and cocaine. Despite the gravity of the charges, the court prioritized adherence to fundamental rights, ruling that the procedural lapse warranted the petitioners' release.
Furthermore, the court directed the petitioners to be handed over to the Foreigners Regional Registration Office (FRRO) for deportation processes, highlighting their decade-long illegal stay in India. The decision also called for the establishment of State and District Level Screening Committees to oversee the withdrawal of prosecutions in cases involving foreign nationals, as outlined in a Standard Operating Procedure (SOP) introduced by the Government of India.
This judgment reflects the judiciary's commitment to uphold constitutional protections while balancing the need for legal compliance in immigration and criminal law enforcement.
Bottom Line:
Article 22(1) of the Constitution of India mandates that every person arrested must be informed of the grounds of arrest in a meaningful manner and in the language understood by the arrestee.
Statutory provision(s): Article 22(1) of the Constitution of India, Narcotic Drugs and Psychotropic Substances Act, 1985, Foreigners Act, 1946, Bharatiya Nagarik Suraksha Sanhita, 2023 (Section 360)
