Ahomo Efe Helen And Anr vs The State Of Maharashtra
2021 Latest Caselaw 14001 Bom

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                                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                           CRIMINAL APPELLATE JURISDICTION
BHALCHANDRA
GOPAL
DUSANE
                                            BAIL APPLICATION NO.975 OF 2021
Digitally signed by
BHALCHANDRA
GOPAL DUSANE
Date: 2021.09.28
17:31:59 +0530



                       Mrs. Ahomo Efe Helen & Anr.               ....   Applicants

                               Vs.

                       The State of Maharashtra and UOI ....            Respondents


                       Mr. Yashpal Thakur for Applicants.
                       Smt. Rutuja Ambekar, APP for State of Maharashtra
                       Ms. Manisha Jagtap for Respondent No. 2 / Union of India.

                                                   Coram : NITIN W. SAMBRE, J.

Date : 28th SEPTEMBER, 2021

P.C.:

1. Counsel for the Applicants invited attention of this Court on

the judgment delivered by the High Court of Bombay, at Goa in Suo

Motu Writ Petition No.1 of 2019. The relevant directions in the said

judgment while dealing with the case like present one are as under :

"(i) The Respondents, including in particular, Respondent Nos.1, 2 and 5 are directed to make the Detention Centre constituted by order dated 7th February, 2019 at the Old Judicial Lock Up at Mapusa, fully operational by providing necessary infrastructure and staff, as expeditiously as Dusane 2/4 12 ba 975.2021.doc

possible, and in any case, within a period of three months from today. Respondent No.5 is directed to file an affidavit of compliance on or before 3rd June, 2019, in this Court;

(ii) The Respondent Nos.1,2 and 5, in making operational the aforesaid Detention Centre, are directed to comply with, to the extent possible, guidelines set out in "Model Detention Centre/Holding Centre/Camp Manual" circulated by the Government of India, Ministry of Home Affairs ( Foreigners Division ) by communication dated 31st January, 2019. In particular, Respondent Nos.1, 2 and 5 must endeavour to provide the amenities set out in Chapter 4 of the aforesaid Manual within timelines as indicated above;

(iii) The Respondents are directed to take emergent steps as may be permissible in law, in order to deport the foreign nationals in Goa, who have no proper/valid travel documents or whose visa terms have since expired, or such like reasons, where there are no legal impediments for taking such steps. Respondent No.5 is also directed to file affidavit of compliance on or before 3 rd June, 2019, indicating the statistics/status of the action/steps taken in this regard in this Court;

(iv) In pending matters involving foreign nationals who have no proper/valid travel documents or whose visa term has expired or for like reasons, State/Prosecution must file appropriate applications before the Magistrate/Courts to bring this aspect to the notice of the concerned Magistrate/ Courts where such matters are pending. Similarly, the State/Prosecution must, by filing a reply bring to the notice of Magistrate/Courts such circumstances when the foreign nationals who have no proper travel documents or whose visa term has expired, apply for grant of bail;

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(v) The Magistrate/Courts where the matters involving foreign nationals who have no proper/valid travel documents or whose visa term has expired or like reasons must take cognizance of such aspects and thereafter make appropriate orders in accordance with law so that the legal process is not used as an instrument to facilitate overstay or otherwise violate the provisions of Foreigners Act, 1946, rules and orders made thereunder.

(vi) We direct the Chief Secretary, State of Goa, to circulate a copy of this judgment and order to all State Government/ Prosecution agencies within a period of four weeks from today, for necessary action and compliance;

(vii) Similarly, we direct the registry of this Court to circulate a copy of this judgment and order to the Principal District Judges of North and South Goa Districts within a period of four weeks from today, for necessary action and compliance. The Principal District Judges should, circulate a copy of this judgment and order to the Magistrate/Courts for necessary action and compliance;

(viii) We also request the Principal District Judges of North and South Goa Districts to consider holding a special workshop to develop a set of best practices to deal with the cases involving the foreign nationals, who have no proper/valid travel documents or whose visa term has already expired. The two Principal District Judges may also consider involving the officials from the Ministry of Home Affairs ( Foreigners Division), Government of India, as also the State Government/Prosecution agencies, in such workshop so that some coordinated action on the subject, becomes feasible.

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2. Advocate, Ms. Manisha Jagtap appears for Respondent

No.2, Union of India seeks time to take instructions on the above issues.

This Court expects response from the Union of India, as the Visa of the

applicant is noticed to have been expired. The mode and manner in

which the Central Government intends to deal with such cases, in case

if the applicant is ordered to be released on bail. I am informed that

one of the co-accused is already ordered to be released on bail on 28 th

July, 2021.

3. In view of above adjourned to 21st October, 2021.

4. We also called upon learned APP, who appears for the State

of Maharashtra i.e. Non Applicant No. 1 to file its response after having

instructions from the office of Chief Secretary of the State.

( NITIN W. SAMBRE, J. )