Karnataka High Court Affirms Constitutional Rights for Foreign Nationals Under Article 22
In a significant legal development, the Karnataka High Court has clarified that the constitutional protection under Article 22 extends to all individuals within India's territory, including foreign nationals. Justice M Nagaprasanna emphasized that this safeguard is person-centric rather than citizen-centric, reinforcing fundamental rights in arrest procedures.
Court Orders Release of Nigerian Nationals Due to Arrest Grounds Violation
The ruling came while granting relief to two Nigerian nationals, Emeka James Iwoba and Uderike Fidelis, who challenged their arrest under the NDPS Act. They argued that they were not informed of the grounds of arrest before detention and were not produced before a magistrate within 24 hours, as required by law.
Justice Nagaprasanna observed, "Article 22(1) of the Constitution of India mandates that every person must be informed of the grounds of arrest. This requirement is a mandatory constitutional safeguard, not a procedural formality." The court found that the authorities failed to achieve substantial compliance with this mandate, leading to the petitioners' entitlement to liberty.
Legal Framework and Judicial Review Limitations
The judgment highlighted that the law does not prescribe a rigid form for communicating arrest grounds. However, substantial compliance is essential to ensure the arrested person understands the basis of detention. Judicial review in such cases is limited to verifying whether the grounds were communicated, not assessing their adequacy or correctness.
Upon release, the petitioners must be handed over to the Foreigners Regional Registration Office (FRRO) for action under the Standard Operating Procedure (SOP), including withdrawal of prosecution and deportation. The court noted that both individuals have overstayed in India for over 10 years without valid documents, having entered on business visas in 2015 that expired in 2018.
Broader Implications and Government Directives
In a move to address systemic issues, the High Court directed the state government to constitute state-level and district-level screening committees for overstaying foreign nationals, as outlined in the SOP. A report on the formation of these committees must be submitted to the court within four months, aiming to streamline procedures and enhance compliance with constitutional mandates.
This ruling underscores the judiciary's role in upholding constitutional rights for all persons, regardless of nationality, and sets a precedent for future cases involving arrest procedures and foreign nationals in India.
