Delhi High Court Asks Centre To Decide Policy On Foreign Nationals Facing Criminal Charges With Expired Visas

The Court was hearing a criminal reference case sent to it by the trial court, which had raised concerns about the legal and procedural implications for foreign nationals facing criminal charges but lacking valid visas.

The Court raised critical questions about whether guidelines should be established at the national level to address issues surrounding such individuals, particularly those who have been granted bail.

A division bench of Justice Prathiba M. Singh and Justice Amit Sharma instructed the Union Government to determine if foreign nationals granted bail should be kept in detention centers while their cases are pending, and whether their visas should be extended to allow them to face trial in Indian courts. The bench further ordered that a decision on these matters be made and recorded before the next hearing date.

Advocate Harsh Prabhakar appeared for the Petitioner and Advocate Amit Tiwari appeared for the Respondent.

During the hearing, the Union Government's counsel informed the Court that the matter is under consideration at the policy level. However, no final decision had been made regarding the detention of foreign nationals granted bail or the extension of their visas.

The Government's position also indicated that this issue has significant implications on how bail orders are passed for foreign nationals, potentially influencing decisions about their detention and legal status while facing charges in India.

To ensure proper follow-up, the Court ordered that a copy of its order be sent to the Secretary of the Ministry of Home Affairs and the Secretary of the Ministry of External Affairs. The Court also directed that the order be communicated to the concerned officials for necessary action and compliance.

The matter is scheduled to be heard again on December 16, 2024.

Cause Title: Court On Its Own Motion v. State

Appearance:

Petitioner: Advocates Harsh Prabhakar, Amicus Curiae, with Pallavi Garg, Yash Kotak, Dhruv Chaudhary, Anirudh Tanwar, Adeeb Ahmad and Eshita Pallavi

Respondent: CGSC Amit Tiwari, Advocates Ayush Tanwar, Rahul Bhaskar, Mahamaya Chatterjee