The Delhi High Court recently comprising of a bench of Justices Siddharth Mridul and Anup Jairam Bhambhani held that any detention at deportation centers construed under the Foreigners Act after the acquittal of the accused shall be regarded as unlawful. (Ruma Bibi v State & Ors)
Facts of the Case
Asif Hossain was apprehended from New Delhi Railway Station under sections 419/420/468/471/120B of IPC, sections 3/9 of the Official Secrets Act, 1923 and sections 14A and 14B of the Foreigners Act 1946.
Upon trial, Asif Hossain was convicted under section 3 of the Official Secrets Act, 1923 and section 474 IPC. Further, he was sentenced to undergo incarceration for a period of 09 years for the offence under section 3 of Official Secrets Act, 1923 and for 4 years along with a fine of Rs.10,000/-, with default imprisonment of 09 months for the offence under section 474 IPC. However, Asif Hossain was given the benefit of doubt for the commission of offences u/s 419, 466 IPC and section 14A and 14B of the Foreigners Act 1946 and was accordingly acquitted qua those offences.
Despite the acquittal, the petitioner’s husband was detained at the ‘Sewa Sadan Deportation Centre’ Narela, Lampur Village, Delhi, without any justification and contrary to the relevant provisions of the Foreigners Act.
Contention of the Parties
Mr. Dayan Krishnan, learned senior counsel, who was appointed as Amicus Curiae to assist this court in the present matter, took the Court through the judgment rendered by the learned trial court and urged that prosecution was unable to establish beyond reasonable doubt that Asif Hossain was guilty of commission of offences under sections 14A and 14B of the Foreigners Act 1946 (‘Foreigners Act’ for short); and consequentially acquitted him inter alia for the said offences. It was submitted by the learned Amicus’s that having been acquitted for the commission of offences under sections 14A and 14B of the Foreigners Act, which acquittal has been upheld by the learned Single Judge of this court, the further detention of Asif Hossain at the ‘Sewa Sadan Deportation Centre’ Narela, Lampur Village, Delhi, is without any justification and contrary to the relevant provisions of the Foreigners Act.
Mr. Dhruv Pande, learned counsel appearing on behalf of official respondents, however, submitted that although proceedings under section 9 of the Foreigners Act, to determine whether Asif Hossain is or is not a foreigner are under contemplation; but the same have yet to be initiated against Asif Hossain
Courts Observation & Judgement
In the present case, the court observed that Asif Hossain has already undergone the entire sentence awarded to him by the learned trial court, as modified by this court pursuant to his initial detention on 13.12.2012. It is further observed that the order acquitting Asif Hossain for commission of offences under sections 14A and 14B of the Foreigners Act has since attained finality as the same has not been impugned by the official respondents. In other words, the official respondents have been unable to establish that Asif Hossain is a foreign national. There is also no quarrel with the factual position that Asif Hossain is not wanted in any other case or that he has other criminal antecedents.
The Court further observed, “At this juncture, it is also pertinent to observe that Asif Hossain holds a valid Indian Passport bearing No.J9614711 issued by the competent authority in Kolkata and also holds a valid voter ID card bearing No.XXR1212604 issued by the Election Commission of India. Lastly, it is evident from the record that prior to remanding him to ‘Sewa Sadan Deportation Centre’ Narela, Lampur Village, Delhi, the official respondents did not issue any show cause notice to Asif Hossain nor did they afford him an opportunity of being heard in that regard.
In view of the facts and circumstances elaborated hereinabove, it can clearly and unequivocally be held that Asif Hossain is being detained by the official respondents without any legal cause, occasion or justification; and in gross violation of the procedure established by law.”
The court held that “In the circumstances, the present habeas corpus petition is allowed and Asif Hossain is directed to be released from ‘Sewa Sadan Deportation Centre’ Narela, Lampur Village, Delhi forthwith.”
The Court also as a caveat attempt in the finding of prospect evidence also ordered the petitioner to submit the correct addresses in case of any future investigation against the individual.
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