No Foreigner Detention Camps In Maha, State Govt Tells HC
The accused, Emeka Udenje, was arrested on May 21, 2023, from Delhi by Nagpur Police's cyber cell, in connection with sections under Indian Penal Code for cheating and criminal breach of trust and Section 14 of Foreigners Act. He was remanded in judicial custody on May 27.
On June 19, 2024, the judicial magistrate first class, Nagpur, granted Udenje bail on furnishing a Rs50,000 bond and a surety. Given his lapsed passport and visa, the court directed that he be placed in a foreigner detention centre to ensure his presence during trial, suggesting coordination with the district collector.
After complying with the bail conditions, Udenje was released from Nagpur Central Jail on September 24, 2024, but was immediately detained again at the city's cyber police station. His application before the sessions court to modify the detention condition was rejected, prompting him to move the HC through counsels Madan Puranik and HR Nanoti.
In a hearing before Justice Urmila Joshi-Phalke, govt lawyer initially submitted that detention facilities existed at Taloja and Bhoiwada in Mumbai.
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The HC accordingly passed an order on May 7 permitting the accused's transfer. But two months later, when no transfer was executed, Udenje filed a fresh application, prompting the court to seek clarification.
On inquiry, the govt reversed its stand, stating that no foreigner detention centres were operational in Maharashtra. Concerned with this contradiction and continued illegal detention of a foreign national despite being granted bail, the court observed: "Now there is an issue where foreign nationals are to be kept.
There are two other foreign nationals, and the investigating agency is unable to decide their accommodation and detention.
This aspect is to be dealt with by this court."
Justice Joshi-Phalke noted, "If the foreign nationals are permitted to be released, there would be an apprehension of them fleeing away and difficulty in securing their presence."
In view of the unresolved systemic concerns, the court directed that Udenje's case be placed before Bombay HC division bench at Nagpur as a PIL. The order was also forwarded to the registrar (judicial) for necessary action.
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