NEW DELHI: The Supreme Court has said that the right to life granted under Article 21 of the Constitution applies to foreigners as well. A bench of Justices J B Pardiwala and K V Viswanathan made the observation ordering release of a Ugandan woman, Faridah Nakanwagi, 32, after noting that she was languishing in jail, despite securing bail in a drug-related case as she could not furnish a “solvent surety”.
The bench noted that though the accused was ordered to be released on bail by the High Court on September 15, 2025, she continued to remain in jail as she had not been able to furnish the needed solvent surety. Noting that the woman was a foreign national, the SC bench observed that “even if she would have been released on bail, she might have been confined at the detention centre meant for foreign nationals”.
“It is for this reason that, today, also no one has appeared on behalf of the respondent-accused,” the bench noted in an order passed on March 18.
The bench said, “At times, an accused may not be in a position to furnish bail and solvent surety of the like amount due to his/her financial constraints, etc.” Here is a case of a lady accused who is a foreign national. However, the fact remains that Article 21 of the Constitution would apply even to a foreign national sought to be prosecuted as an accused in this country.”
The bench added that once an accused has been able to make out a case for bail, “then factors like financial difficulties, etc. should not come in the way.” The bench then allowed her release on a personal surety bond.