Court Rules Confinement in Detention Centre Violates Article 21 Rights
In a landmark judgment, the Kerala High Court, presided over by Justice Kauser Edappagath, has quashed the imposition of certain bail conditions on a Bangladeshi national, Apple Barua, who was embroiled in a forgery and impersonation case. The Court ruled that requiring Barua to remain confined in a detention centre until the conclusion of his trial constituted judicial overreach and violated the fundamental rights guaranteed under Article 21 of the Constitution of India, which extends the right to life and dignity to all individuals, including foreign nationals.
The petitioner, Apple Barua, had been accused of multiple offenses, including forgery and using fraudulent documents to obtain an Indian passport. He was granted default bail under Section 167(2) of the Criminal Procedure Code, but was aggrieved by the bail conditions imposed by the Magistrate, which included confinement in a transit home and restrictions on his release without court orders.
The High Court emphasized that the power to impose such restrictions resides solely with the Civil Authority under the Foreigners Order, 1948, and cannot be extended to judicial authorities under the guise of bail conditions. The Court reiterated that the purpose of bail is to ensure the accused's presence during trial and not to serve as punitive detention.
Justice Edappagath clarified that while courts have the authority to impose conditions under Section 437(3) of the Cr.P.C., these should not infringe upon the accused's fundamental rights or be arbitrary and unjust. The judgment underscored that foreign nationals facing trial in India are entitled to the same fundamental rights under Article 21 as Indian citizens.
Referring to previous Supreme Court rulings, the judgment stressed that bail conditions should not be whimsical and must align with the principles of justice. The Court ordered the deletion of the contested conditions from the bail order and directed the respondent authorities to take appropriate steps within a month, ensuring compliance with legal provisions while respecting the petitioner's rights.
Bottom Line:
Magistrate/Sessions Court cannot impose conditions of confinement in a detention or transit home for a foreign national while granting bail. Such conditions amount to judicial overreach and violate Article 21 of the Constitution, which extends to foreign nationals.
Statutory provision(s): Criminal Procedure Code, 1973 Section 437(3), Constitution of India, 1950 Article 21, Foreigners Act, 1946 Section 3(2)(g), Foreigners Order, 1948 Clause 11.
Apple Barua v. State of Kerala, (Kerala) : Law Finder Doc Id # 2829092
