Foreign Nationals Have Right To Speedy Trial: Rajasthan High Court Grants Bail To Bangladeshi Approvers In 'Illegal Kidney Transplant' Case

The Rajasthan High Court has granted bail to Bangladeshi citizens, accused in the case of illegal kidney transplantation and human trafficking, noting that the foreign nationals were approvers on whose statements the principal accused persons were arrested and they too are entitled to fundamental right of speedy trial under Article 21. The court further said that the foreign nationals cannot be kept in custody until termination of trial thereby "putting them in the circumstances worse than the principal accused persons" who have already been granted bail.For context, petitioners had come to India on a medical visa, and during their visit they were arrested in the instant matter. Since then they were in custody and became approver for the prosecution side. Based on their statements, the co-accused persons were arrested who were eventually granted bail. Hence, the bail application was filed by the petitioners.The bench of Justice Anoop Kumar Dhand observed that the petitioners were in prison since April 2024, and their statements were already recorded in the trial court. It was opined that they could not be put in a position worse than that of the principal accused persons."The petitioners are Foreign Nationals being residents of Bangladesh and they are in judicial custody since 23.04.2024. Till date only their statements have been recorded as PW-1 & PW-2 and the trial is pending against the petitioners and co-accused persons for last more than two years. The chances of conclusion of trial in near future are very bleak. They have the fundamental rights of speedy trial under Article 21 of the Constitution of India.The protection under Article 21 of the Constitution of India, which guarantees the right of life and personal liberty, extends to all persons and this right is not confined to the Indian Citizens alone and it is available to the Foreign Nationals as well. The Right to Life with Dignity guaranteed under Article 21 is available to all human beings, including foreigners. As per Article 21 of the Constitution of India “No person shall be deprived of his life or personal liberty except according to the procedure established by law. The right to fair and speedy trial is an integral part of Article 21 of Constitution of India. Moreover, a fair procedure, in the criminal trial is an essential component of Article 21 of the Constitution of India and it does not differentiate between Indian Citizens and foreign Nationals"The bail application was opposed by the State on the ground that since their visas had expired, if the petitioners were released on bail, there was a very bleak chance of them returning back to India. Further, it was submitted that since the trial had not reached its fag end, bail could not be granted as per Section 306(4). After hearing the contentions, the Court rejected the argument raised by the State, and observed that as per the provision every person accepting a tender of pardon shall be examined in the Court of Magistrate and at the subsequent stage of trial. However, it was opined, petitioners could not left in custody until termination of trial, especially when their statements were already recorded before the trial court. The Court made a reference to the case of Noor Taki Alias Mammu v State of Rajasthan that had concluded that the approver could be detained in custody until his statements were recorded. The Court also highlighted Article 21 of the Constitution, and observed that the protection under the Article extended to all person, including foreign nationals. Prolonged detention without trial amounted to violation of the rights guaranteed under the Article. The Court further referred to the Supreme Court case of Frank Vitus v. Narcotics Control Bureau & Ors., that dealt with this identical issue. In the case, the accused persons were granted bail, and directions were made to the State or prosecuting agency to immediately communicate the order to the concerned Registration Officer, and the Civil Authorities under the Immigration and Foreigners Order, 2025 (“2025 Act”) so that appropriate action could be taken. For context, as per Order/Clause 5 of the 2025 Act that deals with powers to grant permission to depart from India, discretion was with the Immigration Officer to grant/deny such permission. Such permission could be refused if the officer was satisfied that the concerned persons' presence was required in a criminal trial. In this background, the bail application was allowed, and the concerned State authorities were directed to communicate the order to the Immigration Officer so that appropriate steps could be taken as per law. Title: Nurul Islam & Anr. v State of Rajasthan Citation: 2026 LiveLaw (Raj) 197Click Here To Read/Download Order

Foreign Nationals Have Right To Speedy Trial: Rajasthan High Court Grants Bail To Bangladeshi Approvers In 'Illegal Kidney Transplant' Case

Nupur Agrawal

This is a premium content
Available exclusively to
Our subscribers

INR 1099+GST

Tags

Nupur Agrawal

Foreign Nationals Have Right To Speedy Trial: Rajasthan High Court Grants Bail To Bangladeshi Approvers In 'Illegal Kidney Transplant' Case

Nupur Agrawal

This is a premium content Available exclusively to Our subscribers

INR 1099+GST

Tags

Nupur Agrawal

This is a premium content
Available exclusively to
Our subscribers