On 19th May 2020, the HC of Karnataka in the Case Babul Khan and others v. State of Karnataka and others released the petitioners on bail, while directing the Authorities to detain them in Detention Center.
Factual Background
Two people along with others from Bangladesh, a father and daughter illegally migrated to India without Visa or Passport. They have been residing in India without any legal document or License from any Authority.
The Accused are having fraud Aadhaar Cards and bullets are alleged to be found in the possession of Accused No. 2. The Allegations U/S 14A and 13B of the Foreigners Act are ocular from the charge sheet, but they are not liable for other offenses
Sri C. Mohammad Pasha, Sri Sirajuddin Ahmed as well as the HC Govt. pleader Sri Rohith B.j. argued that there are no provisions for people without a visa or passport in India. In relation to trial Acquittal, or deportation of such people appropriate guidelines for the Police, Judicial Officers, and all the Govt. Officials need to set by the Court.
Learned Additional Solicitor General Sri S.C Shashikantha argued on the behalf of the Union Govt. that is Respondent No.2.
Case of the Petitioner and Respondent
The Learned Counsel for the Petitioners argued that though the Petitioners migrated without Visa and Passport they shall be considered as Indian citizens as they have been living in India for quite a long time.
The 2nd Petitioner is pregnant and proper care shall be taken while dealing with her.
Respondent stated that The Central Govt. has issued directions to the concerned authorities in the name of “Model Detention Center/ Holding Center/ Camp manual 2019 to check the violation of laws with respect to Foreign Nationals.
On the directions of the Central Govt. , the State Govt. has fulfilled its duty by establishing Detention Centre. The Learned Additional Solicitor General and the Learned Additional Advocate General are of the opinion that if bail is granted, their Movement has to be restricted until they are deported.
Reasoning and Decision of the Court
The Supreme Court, in its judgment, stated that the:
- Section 2(1) of the Indian Citizenship Act,1955 defines an Illegal Migrant. The people who have not acquired the Citizenship as per the Indian Citizenship Act and who live in India are termed as Illegal Migrants
- In terms of Detention, Identification, and Determination of foreign nationals as accused, the Passports Act,1967, and the Passport Rules,1980 will deal with the travel documents and passports.
- The Procedure during Investigation, Inquiry, and Trial will be dealt with by the Foreigners Act, 1939, the Indian Passports, 1920, and the penal laws of the Country.
- It has been noted that State Govt. is authorized to take action when any case is registered against a foreign national.
- The State Govt. has established Detention Centres in pursuance of the Order of the Union Govt. AND DIRECTED THE State Govt. to provide basic amenities to the inmates upholding their dignity.
The AAG has filed a Memo in respect of establishing Detention Centers in different places including Bengaluru and also asked the Department of ‘Women and Child Development’ to take care of the detainees. In such cases, the Court held that the Competent Authorities have to decide whether to keep such people in Detention Centers or release them by taking Personal Bond.
The Court ordered to release the petitioners on bail and directed The Trial Court to detain such people in Detention Centers until the trial is over.
Case Details
Case Before: Karnataka High Court
Coram: Justice K.N. Phaneedra
Case Title: Babul Khan & ors. V. Union of India & ors.
Decided on: 19-05-2020
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