'Not Proper To Keep In Detention Camp For Indefinite Period' : Supreme Court Asks Union To Decide Nigerian's Citizenship Application

While refusing to interfere with the detention of a Nigerian national, the Supreme Court recently asked the Union Government to take a decision on his application seeking Indian citizenship within three months.

The Court noted that the Nigerian national, who was found to have a bogus visa and involvement in offences, was married to an Indian woman

The Court refused to interfere with the judgment of the Madras High Court which upheld the detention of the Nigerian national in the Special Camp (Foreigners), Tiruchirappalli,

A bench of Justices J.B. Pardiwala and R. Mahadevan took into consideration the fact that the petitioner was arrested in connection with one another offence and was taken into judicial custody where he was subsequently granted bail. His visa had expired and he was found in possession of bogus visas and other documents.

The detenu's wife residing in India filed a Special Leave Petition challenging the Madras High Court's order dated June 18, 2024, whereby the Court refused to interfere with the Government Order (G.O) issued by the Government of Tamil Nadu confining the Petitioner to the special detention camp after he was granted bail by Sessions Court in connection with the FIR lodged against him under Sections 420, 406, 465 and 468 of the IPC and Section 66E of the IT Act.

The High Court refused to interfere with the G.O. on grounds of public interest as it noted that during the proceedings, it was revealed that the Nigerian national was in possession of as many as five passports. He had created a false website and cheated to the tune of Rs. 40 Lakhs. Against the June 18 order of the High Court, the present SLP has been filed.

These allegations which were considered by the High Court also persuaded the Supreme Court from interfering in the judgment.

During the hearing, the Court was informed that the petitioner had applied for Indian citizenship. However, the status of the application remains unknown. On this regard, the Court has directed the Union to take appropriate decisions within 3 months. It said: "If the citizenship is to be declined then the Union must say so as early as possible and if it is to be granted then it may proceed accordingly. To keep this petitioner in a detention camp for an indefinite period is also not proper."

Lastly, the Court ordered that if the petitioner is to be ultimately confined in a detention camp in accordance with the proceedings against him, then he may be kept within Uttar Pradesh considering that his wife resides in Kanpur, Uttar Pradesh and also that there is a language barrier.

Case Details: JYOTI TOBI JONES v. THE ADDITIONAL SECRETARY TO THE GOVERNMENT AND ORS. SLP(Crl) No. 12912/2024

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