“Giving Free Food To Foreigners”: Calcutta High Court Orally Remarks On Custody Of Foreign Nationals After Completion Of Sentence

The Calcutta High Court on Wednesday expressed concern over the continued detention of convicted foreign nationals in correctional homes across West Bengal even after completion of their sentences, orally observing that the State appeared to be “giving free food to foreigners.”

Justice Krishna Rao was hearing a matter concerning the prolonged custody of foreign nationals who continue to remain lodged in prisons, allegedly due to the absence of repatriation or civil detention arrangements.

During the hearing, counsel appearing in the matter submitted that one foreign national has remained in custody for “10 years and three months” after completion of sentence, while another has allegedly continued to remain incarcerated for over nine years despite serving the sentence imposed upon him.

Reacting to the submissions, the Court orally remarked: “You are giving free food to foreigners.”

At one stage, another counsel intervened and submitted: “Actually milord, India is for Indians.”

The Bench thereafter observed that many such convicts appear unwilling to leave because they continue to receive facilities inside correctional homes.

The Court orally stated: “What has happened is that they are convicted, but they are happy to be in the correctional home. They are getting food, 27 rupees per day.”

The Bench further orally remarked that if such persons are repatriated after release, “again they will come for free food and that 27 rupees.”

During the hearing, the counsel representing the Union authorities informed the Court that the Government of India has now changed its policy stance and is “pushing back” foreign nationals.

The Court, however, expressed dissatisfaction over the absence of a structured civil detention mechanism in the State after completion of criminal sentences.

The Bench observed: “It is astonishing that in WB there are no civil arrangements. The norm is that once a foreign national has completed their sentence, they are under civil authority and must be confined to one place where they will remain. That has to be taken care of.”

The matter pertains to the legal and administrative vacuum surrounding the continued custody of foreign nationals who have completed their prison terms but whose deportation or repatriation has not been effectuated.

Case No: WPA/5091/2026

Case: BASIR AHAMED VS UNION OF INDIA AND ORS.