Court cites prolonged detention as a violation of Article 21 rights, directs trial court to expedite proceedings
In a significant ruling, the Rajasthan High Court, Jaipur Bench, presided by Justice Anoop Kumar Dhand, has granted bail to Nurul Islam and another petitioner, both Bangladeshi nationals, who were detained as approvers in an illegal kidney transplantation and human trafficking case. The petitioners had been in custody since April 2024, despite the principal accused in the case having been granted bail.
The court observed that the prolonged detention of the approvers violated their fundamental right to a speedy trial under Article 21 of the Constitution of India, which guarantees the right to life and personal liberty. The petitioners, who had turned approvers and whose statements had been recorded, were granted bail with conditions, including furnishing personal bonds and sureties.
The judgment underscored the right to a fair and speedy trial, emphasizing that this right extends to all persons, including foreign nationals. The court noted the delay in the trial proceedings and directed the trial court to expedite the process, ensuring that the case does not linger indefinitely, particularly given the involvement of foreign nationals.
Additionally, the court directed the Rajasthan State authorities to communicate the bail order to the Immigration Officer, as per the provisions of the Immigration and Foreigners Act, 2025, ensuring compliance with immigration laws. This communication is crucial to prevent the petitioners from leaving India without fulfilling the necessary legal requirements.
The court also acknowledged the assistance provided by Senior Advocate Bharat Vyas, Additional Solicitor General, and other legal representatives in reaching this decision. The ruling reflects a commitment to upholding constitutional rights and ensuring justice is served without undue delay.
Bottom line:-
Approvers in criminal cases cannot be detained indefinitely, especially when their statements have been recorded, and principal accused persons have been granted bail. Prolonged detention without trial violates the right to life and personal liberty under Article 21 of the Constitution of India.
Statutory provision(s): Criminal Procedure Code, 1973 Sections 306, 439, 482; Constitution of India, 1950 Article 21; Immigration and Foreigners Act, 2025 Sections 3, 7 and Rule 5.
Nurul Islam v. State of Rajasthan, (Rajasthan)(Jaipur Bench) : Law Finder Doc id # 2903079
