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While granting bail to the Nigerian National, the single-judge bench observed that a foreign national has the same rights as a citizen under Article 21 of the Constitution of India.
The Bombay High Court on Friday ordered the State government to pay a Nigerian national Rs. 2 lakh in compensation after releasing him after 22 months of unlawful incarceration, reports TOI.
Justice Bharati Dangre gave the direction after the counsel for State submitted that the State will initiate an inquiry against the erring officers and further stated that at present there is no policy for giving compensation.
“So you keep people behind bars and not give compensation just because there is no policy? When it comes to deprivation of (a person’s) fundamental rights, you require a policy?” Justice Dangre remarked.
On October 23, 2020, the Nigerian national was arrested by police following an Anti-Terrorism Squad (ATS) trap in Powai. Substances seized from him were alleged to be cocaine, including white powder, saffron-colored heart-shaped pills, and pinky ecstasy tablets.
Based on the report, the Thane Sessions Court denied the Nigerian national's bail application in June 2021. He then appealed to the High Court in August 2021.
The court was informed on Wednesday that a year later, the FSL's assistant director, the chemical analyzer, had written to the ATS senior inspector, apologizing and issuing a corrigendum on August 8, 2022.
The State's counsel contended that the accused has a history and that the same chemical analyst provided a report in another NDPS case in which he is on bail. Court noted that it is clear that a false report was issued, and the FSL officer admitted to making a mistake.
While granting bail to the Nigerian national, the Court noted that the substance recovered from him was neither narcotic nor psychotropic. Court further stated that when it comes to "unwarranted" incarceration, a foreign national has the same rights as a citizen under Article 21 of the Indian Constitution. "I believe it is appropriate to impose a cost for the unlawful incarceration and direct the state to compensate the Nigerian National by paying a sum of 2 lakh within six weeks," Justice Dangre ordered. Court stated that the state is free to recover the amount from the officers found guilty after the investigation.
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