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Synopsis

The Bombay High Court has recently ordered the release of 2 Nigerian Nationals while observing that foreign nationals enjoy the right to life and liberty under Article 21 of the Constitution.

“Since it is not in dispute that the Petitioners, though foreign nationals enjoy the right under Article 21 i.e. the right to Life and Liberty and in the backdrop of availability of this right, confinement of Petitioners in the office premises of Respondent No.2 according to us to be completely unjustified,” the order reads.

A division bench of the high court comprising Justice Revati Mohite Dere and Justice Manjusha Deshpande was hearing a petition filed by 2 Nigerians who were detained despite serving the sentence for the offence in which they were convicted.

After they were found with 1.005 kgs of Cocaine they were booked under the NDPS Act, Foreigners Act, 1946, The Passport Act, 1967, and the Indian Penal Code by the Anti Narcotic Cells Bandra Unit.

The Sessions Court acquitted them for the offence under the NDPS Act but convicted them under the Foreigners Act, of 1946, The Passport Act, of 1967, and the Indian Penal Code. All the sentences were directed to run concurrently.

Even after undergoing the sentence, they were detained by the narcotics cell Bandra, challenging which they approached the high court. They argued that the detention has curtailed their movements, despite they having undergone the sentence imposed on them through a long-run process of trial.

The public prosecutor informed the bench that the Foreigners Regional Registration Officer and the Civil Authority, Mumbai in exercising their power under the notification issued by the State and Central Government has imposed restrictions under Para 11 (2) of the Foreigners Order, 1948 declaring that petitioners shall not move out of the premises of the office of ANC Bandra Unit, Mumbai from 18/11/2024 till their deportation, as there is every likelihood that they may go untraceable and indulge in illegal activities in Mumbai.

On bench query, the prosecutor informed the bench that since the detention centre for foreigners was not functional, the petitioners have been directed to confine themselves to ANC Bandra Unit, Mumbai.

While ordering the release of petitioners on a personal bond of Rs. 5000 with two sureties the bench noted that the detention was not consistent with Article 21 of the Constitution. The bench further recorded that,

“We are astonished by the exercise of power in form of restriction order passed under Foreigners Order, 1948 by the Civil Authority by confining the Petitioners to the Office of ANC Bandra Unit Mumbai and this, is despite the fact that they have undergone the sentence imposed upon them and it is specific statement made by Mr. Sayed, the learned counsel for the Petitioners, and which is not denied by the learned Prosecutor that there are no other criminal cases which the Petitioners are facing in India,” the order reads.

Case title: Daniel Ifeanychukwu Ezieke & Anr vs State of Maharashtra