Right Of Refugee Cannot Be Regulated By Guidelines: Allahabad HC Grants Bail To UNHCR Card Holder
The Allahabad High Court granted bail to a UN High Commission for Refugees Card holder, who claimed refugee status, while emphasising that the rights of refugees cannot be regulated by the guidelines.
The Court was hearing an application seeking enlargement on bail under Section 120-B read with Section 419, 420 I.P.C. and Section 14 of the Foreigners Act, 1946.
The bench of Justice Pankaj Bhatia observed, “The right of the refugee cannot be regulated by virtue of the guidelines dated 3.4.2023 handed over by the learned A.G.A.”
Brief Facts-
In the present case, the applicant claims the status of refugee and is staying in India allegedly based upon the recognition of the applicant as a refugee and the UN refugee card issued in his favour to that effect.
In response to an earlier order observing that the applicant cannot leave the borders till the time trial concludes the Court noted that the Additional Government Advocate submitted instructions indicating the restrictions, which are required for residing in a place under Section 3(2) (e) of the Foreigners Act.
The Court considered the argument that the applicant was staying in India based on the status of refugee, which is duly fortified by the card issued in his favour by the UN Refugee Agencies.
The Court further paid attention to the fact that the applicant has been in jail since 2021 and there is no likelihood of the trial being concluded in the near future, the Court enlarged the applicant on bail.
Accordingly, the Court allowed the bail application.
Cause Title: Mohd. Rafiq v. State of U.P. (Neutral Citation: 2024:AHC-LKO:38521)
Appearance:
Adv. Vijay Vikram Singh, Adv. Ambuj Singh, Adv. Nandini Verma and Adv. Surabhi Rawat