
NEW DELHI: The Delhi High Court has ruled that foreign nationals cannot seek release from “executive detention” imposed by the Central Government under bail proceedings by invoking Sections 14 and 14A of the Foreigners Act.
The court clarified that bail proceedings are limited to securing release from “judicial custody” and do not extend to challenging executive detention orders.
Justice Anup Jairam Bhambhani, presiding over the matter, explained, “The scope of a bail petition is to determine whether an undertrial or convict should be released from judicial custody to the custody of a surety. It does not extend to granting or validating visa status or addressing executive detention.” Section 14 of the Foreigners Act outlines penalties for violations, while Section 14A addresses penalties for entering restricted areas without proper permits or documentation.
The court emphasised that foreign nationals aggrieved by actions under these provisions could seek legal remedies but not through bail petitions.
The case involved a foreign woman facing charges under various provisions of the Indian Penal Code (IPC), including Sections 366B, 370, and 420, as well as Section 14 of the Foreigners Act. Allegedly deceived into coming to India through Nepal in 2019, she was defrauded of Rs 5 lakh by individuals posing as officials, who promised a five-year work visa but confiscated her passport.
Justice Bhambhani highlighted two aspects of the case: her judicial custody due to past infractions of visa rules and her continued presence in India without a valid visa. The court noted that while both judicial custody and executive detention result in the deprivation of liberty, they serve distinct legal functions.
The court observed that regulating the entry, departure, or continued presence of foreigners is an executive function of the Centre, distinct from judicial proceedings. It emphasised that bail petitions do not empower courts to address these executive actions. Granting regular bail to the petitioner, the court stipulated that she must not leave the NCT of Delhi without prior permission.
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