MP High Court Expedites Bangladeshi Woman's Trial But Declines Release Over Security Concerns Amid Current International Scenario

The Madhya Pradesh High Court has directed the State prosecuting agency to expedite the trial of a Bangladeshi woman currently lodged in a detention centre in the District Court of Indore. The division bench of Justice Vijay Kumar Shukla and Justice Alok Awasthi denied her request for release, observing that in view of the prevailing "international scenario", it would be prudent to keep the woman in a detention centre for her own safety till the conclusion of her trial.The bench thus directed;"It is not in dispute that the trial is still pending and the presence of the petitioner may be required at any time during the trial and considering the present international scenario, it is for her safety to keep her in detention center. However, so far for relief No.7(b) is concerned, considering the fact that the trial is pending for more than six years, we observe that the counsel for the State will direct the prosecution agency to expedite the trial within a period of six months from the date of receipt of certified copy of the order by producing the witnesses etc". The petitioner, a Bangladeshi National, filed a habeas corpus petition seeking release from what she claimed was illegal and unconstitutional detention. She further sought directions for an expedited trial, claiming that she had already undergone more than six years of incarceration. The counsel for the petitioner argued that despite being granted bail, she remained in detention. The prolonged detention along with inaction of prosecution, according to her, was arbitrary, illegal and violative of Article 14 and 21 of the Constitution. During the previous hearing, the court had directed the State to obtain instructions. During the latest hearing, the Additional Advocate General submitted that the petitioner was accused of offences including kidnapping (Section 346A), wrongful confinement (Sections 346 and 347), as well as under the Foreigners Act and Passport Act for allegedly overstaying without a valid visa and forging passport-related documents. The counsel for the State submitted that she was granted bail but was kept in detention centre following the guidelines outlined in the Foreigners Act and Foreigners Order. Taking note of the submission, the court held that her continued stay in the detention centre was justified as her presence may be required at any stage during the trial. Further, the court emhasizing the current 'international scenario' deemed it prudent that she stayed in the detention centre for her own safety. However, the court also directed the State prosecuting agency to expedite the trial within six months from the date of receipt. The petition was disposed of with liberty granted to the petitioner to file for an expedited trial if the same is not conducted within the period of six months. Case Title: Lima @ Riya Sheikh v State of Madhya Pradesh [WP-5831-2026]For Petitioner: Advocate Shanno Shagufta KhanFor State: Additional Advocate General Sonal GuptaClick here to read/donwload the Order

MP High Court Expedites Bangladeshi Woman's Trial But Declines Release Over Security Concerns Amid Current International Scenario

Jayanti Pahwa

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