Summary
Supplementing its earlier judgment of 8 July 2024 on bail conditions, the Court declined to require that the Registration Officer or Civil Authority be impleaded in, or given notice of, bail applications by foreigners, since those authorities have independent powers and no locus to oppose bail; instead, courts granting bail to a foreigner must direct the State or prosecuting agency to inform the Registration Officer at once.
Issues
- Whether a Registration Officer appointed under Rule 3 of the Registration of Foreigners Rules, 1992, or the Civil Authority under the Foreigners Order, 1948, must be impleaded in or noticed on a bail application filed by a foreigner.
- What steps a criminal court should take when it grants bail to a foreigner.
Provisions considered
- Section 2(a), Foreigners Act, 1946Noted that a foreigner means a person who is not a citizen of India, which defines the class of accused to whom the directions apply. (¶ 1)
- Section 3(2)(b) and 3(2)(g), Foreigners Act, 1946Central Government may by order restrict departure of foreigners and direct their arrest, detention or confinement; the Court noted no order under clause (g) had been issued and that, even if issued, the power to arrest or detain a foreigner is independent of the criminal court's power to grant bail. (¶¶ 2, 5)
- Clause 5, Foreigners Order, 1948No foreigner may leave India without leave of the Civil Authority, and leave must be refused where the foreigner's presence is required to answer a criminal charge; hence a foreigner on bail cannot leave India without that authority's permission, a power wholly independent of bail. (¶¶ 3, 5)
- Section 14, Foreigners Act, 1946The authorities under the Act and the Order have no locus to oppose a foreigner's bail application except where bail is sought in respect of an offence punishable under this section. (¶ 6)
- Rule 3, Registration of Foreigners Rules, 1992The Registration Officer appointed under this rule is the authority to whom the grant of bail to a foreigner must be communicated, for onward communication to the Civil Authority and others. (¶¶ 1, 7, 8)
Held
- The powers of the Civil Authority under the Foreigners Order, 1948 to refuse leave to depart and to restrict a foreigner's movements, and the Central Government's power under Section 3(2)(g) of the Foreigners Act to arrest or detain a foreigner, operate independently of the criminal court's power to grant bail; bail does not prevent their exercise. (¶ 5)
- There is no propriety in directing that the Civil Authority or Registration Officer be made a party to, or be given notice of, a foreigner's bail application: those authorities have no locus to oppose bail unless the offence alleged is punishable under Section 14 of the Foreigners Act, and routine impleadment would delay bail hearings. (¶ 6)
- When granting bail to a foreigner, the court shall direct the State or prosecuting agency to communicate the bail order immediately to the Registration Officer appointed under Rule 3 of the 1992 Rules, who shall pass it on to all concerned authorities including the Civil Authorities, so that they can act in accordance with law. (¶¶ 7, 8)
- Copies of the order were directed to be sent to the Registrars General of all High Courts for circulation to all criminal courts. (¶ 8)
Result
Criminal appeals disposed of in terms of the judgment of 8 July 2024 and this order; directions issued to courts granting bail to foreigners and for circulation of the order to all criminal courts.