The Allahabad High Court has urged the Union government to contemplate the initiation of a process towards the creation of an international treaty aimed at addressing challenges encountered in the prosecution of foreign nationals.

Justice Ajay Bhanot emphasized the necessity for both the State and Central governments to acknowledge the evolving global landscape characterized by globalization, which has posed new challenges to existing legal frameworks and jurisprudence.

"Both the State as well as the Central Government have to keep in mind that the emerging world order of globalization, growth of business across countries and easy movement of people across nations has created new realities which are challenging old laws and extant jurisprudence," the Court said.

Highlighting the significance of certain offences committed by foreign nationals, Justice Bhanot underscored their implications on national security and the economy, stressing the need for a comprehensive legal framework to address such issues.

"Some of the offences committed by foreign nationals have a bearing on national security and the economy. The need for creating a broad legal framework to deal with such issues is acquiring great importance. Furthermore, neglecting these issues may even create law free zones for foreign offenders, or they may simply rely on the lack of legal instruments to escape the reckoning of law and justice in our country," the Court opined.

The Court's remarks were made in the context of cases involving Chinese nationals facing prosecution in Uttar Pradesh for various offences.

Particularly, the Court raised concerns regarding the difficulty faced by foreign accused in providing sureties for bail, considering their lack of roots in the country, which is a prerequisite for accepting sureties under the Code of Criminal Procedure (CrPC).

The Court said, "Foreign nationals do not have any roots in the country, which is one of the basis for accepting sureties and if local sureties are not efficacious, the nature of sureties which the foreign nationals facing trial in India can produce also needs examination."

Addressing the lack of legal safeguards to compel the appearance of foreign nationals who may abscond during bail, the Court emphasized the need for examination of these factors while considering bail for foreign nationals facing criminal trial in India.

"Further, there is a need for legal safeguards and lawful jurisdiction to compel the appearance of foreign nationals who escape the territorial jurisdiction of India after they enlarged on bail. These are factors which need examination while considering grant of bail to foreign nationals facing criminal trial in India," Justice Bhanot said.

Moreover, the Court highlighted the challenges related to interpreters and consular access for foreign nationals, emphasizing the importance of procedural fairness in criminal trials.

While underscoring the importance of fair and equal treatment under Indian laws for foreign nationals, the Court directed Trial Courts to provide certified interpreters or translators to such accused persons. "The trial court shall also ensure that certified interpreters/translators are provided to the accused persons. The court may issue appropriate directions to the State Government," it directed.

In light of the urgency of the matter and the personal liberties at stake for the accused persons in jail, the Court directed both the Union and State governments to prioritize the issue. The case is scheduled for the next hearing on April 18.

Appearence:

Petitioner: Advocates Abhas Sharma, Pradeep Kumar Mishra, Rajesh Kumar Sharma

Respondent: G.A., R.P.S. Chauhan

Cause Title: Zong Hao Zhe @ Jon v. State of U.P [CRIMINAL MISC. BAIL APPLICATION No. 59242 of 2022]

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Justice Ajay BhanotAllahabad High Court

Sukriti Mishra