The Supreme Court of has recently made a significant ruling that it is not necessary to issue a notice to a Foreigners Registration Officer in a foreigner’s bail application. This decision was made by a bench of Justices Abhay S Oka and Ujjal Bhuyan. They stated that involving the Civil Authority or Registration Officer in all bail applications filed by foreigners could result in unnecessary delays in deciding the bail applications.
The bench further clarified that the authorities under the Foreigners Act, 1946, have no locus to oppose a bail application filed by a foreigner unless bail is sought where the allegation is of the offence punishable under Section 14 of the 1946 Act. They added that even if an order is issued, the power to arrest or detain a foreigner under the Act is independent of the power of the criminal court to grant bail.
The apex court also clarified that notwithstanding the bail granted by a criminal court, the power to arrest and detain a foreigner can be exercised, provided the Central government makes an order in terms of clause (g) of Section 3(2) of the Foreigners Act, 1946.
Senior advocate Vinay Navare, appointed as amicus curiae, suggested that while considering the prayer for granting bail in case of a foreign national accused of serious offences, a notice should be issued to the Civil Authority. However, the apex court rejected this suggestion, stating that it is not necessary to implead a Foreigners Registration Officer appointed under Rule 3 of the Registration of Foreigners Rules, 1992 in the bail application filed by a foreigner.
The Supreme Court passed two directions in this regard. First, while granting bail to a foreigner, the concerned court will issue a direction to the prosecuting agency to immediately communicate the order granting bail to the concerned Registration Officer Rules who, in turn, will communicate the order to all concerned authorities including the Civil Authorities. Second, the apex court directed that the copy of its order will be forwarded to Registrar Generals of all the high courts, who in turn will forward the copies of the order to all the criminal courts in the respective states.
This ruling has been reported in various news outlets, highlighting its significance in the legal landscape. The Supreme Court’s decision is seen as a significant step in ensuring a fair and efficient legal process for foreign nationals accused of crimes in India. It underscores the importance of maintaining the integrity of the legal process while also ensuring that unnecessary delays are avoided.