BENGALURU: The state’s Department of Prosecution is reviewing details of 365 foreign nationals against whom criminal cases have been registered, with those facing charges carrying a sentence of less than seven years potentially eligible for withdrawal of their cases and subsequent deportation to their respective countries. The move follows a directive from the Union home ministry to withdraw eligible criminal cases against foreign nationals and deport them from the country.
According to the Home Department, 365 foreign nationals are facing criminal cases in Karnataka. Around 60–70% per cent foreign nationals are facing cases under the Narcotic Drugs and Psychotropic Substances (NDPS) Act. These include two murder cases, two cases of attempt to murder, 26 cases under the Foreigners Act, three cases of sexual assault, 14 cases of immoral trafficking, 14 theft cases, two cases under the Information Technology (IT) Act, two extortion cases and other offences.
According to the directive, foreign nationals involved in offences carrying a punishment of less than seven years will be eligible for withdrawal of their cases and subsequent deportation. However, Indian nationals involved in criminal activities along with foreign nationals will not be given any exemption. Trials against the Indian accused will continue in court.
The Prosecution Department will act as the nodal agency for withdrawing criminal cases against foreign nationals. It will carry out the process in coordination with the Home Department and will be responsible for maintaining proper records and ensuring the prompt disposal of cases.
Two committees have been constituted to oversee the process. The district-level screening committee will be headed by the respective district magistrate and comprise the Superintendent of Police, the Chief Public Prosecutor of the district and the Public Prosecutor handling the case.
Meanwhile, the state-level screening committee will be headed by the additional chief secretary or principal secretary (Home). An Inspector General of Police-rank officer and officers from the Foreigners Regional Registration Office (FRRO) will be its members.
The government prosecutor handling a case may recommend its withdrawal to the Home Department through the Director of Prosecution. Once the proposal is approved by the committees, final permission to withdraw the case must be obtained from the trial court. The process of withdrawing the case will be completed thereafter.
The directive states that if a foreign national whose case has been withdrawn possesses a valid passport and other required documents from their home country, they must be deported within 15 days. If they do not possess the necessary documents, they will be taken into custody and kept in detention centres.