Supreme Court Quashes FIR Against NRI for Possession of Reindeer Horn

Apex Court Invokes Article 136 and Article 142 to Protect Human Rights and Prevent Abuse of Legal Process

In a significant ruling, the Supreme Court of India has quashed the FIR and legal proceedings against Rocky Abhraham, an NRI, who was arrested at the Delhi Domestic Airport for possession of a reindeer horn. The arrest was made under the Wildlife (Protection) Act, 1972, despite forensic evidence confirming that the reindeer horn is not prohibited under Indian wildlife laws.

The judgment, delivered by Justices Vikram Nath and Sandeep Mehta, emphasized the wrongful detention of the petitioner and the erroneous application of law by authorities at the airport. The Court exercised its extraordinary powers under Article 136 and Article 142 of the Constitution to quash the proceedings, citing the gross abuse of the legal process.

Rocky Abhraham, who has been residing in Italy for 23 years, was apprehended during his transit from the International to the Domestic terminal. His arrest led to a 14-day incarceration, and restrictions were placed on his passport, preventing him from returning to Italy for work. The forensic report from the Wildlife Institute of India conclusively established that the seized item was a reindeer horn, which is not listed under the protected species in the Wildlife (Protection) Act, 1972.

The Supreme Court's decision underscores the need for airport authorities to be better informed about prevailing laws and avoid hasty arrests of international travelers. The judgment also highlighted a similar incident at Jaipur International Airport involving the arbitrary seizure of a passenger's luxury watch, stressing the importance of legal prudence and protecting human rights.

The Court has left open the issues related to bail conditions and human rights violations for adjudication in another pending writ petition, SMWP(Criminal) No. 4 of 2021. The ruling grants Abhraham the liberty to seek damages through appropriate legal channels.

This landmark judgment is expected to set a precedent for handling future cases involving international travelers, ensuring that legal processes do not infringe upon the rights of individuals and that authorities act within the bounds of law.

Statutory provision(s): Article 136, Article 142, Article 32, Sections 39, 49, 51 of Wildlife (Protection) Act, 1972

Rocky Abhraham v. Union of India, (SC) : Law Finder Doc Id # 2796344