Supreme Court Reinforces Restrictions on Foreign Nationals Amid Criminal Charges

The Supreme Court has ruled that foreign nationals facing criminal charges in India must not be allowed to leave the country. This decision arose from a case addressing bail conditions imposed on a Nigerian national. It emphasizes communication with authorities and enforces restrictions on foreigner movement as per legal provisions.

The Supreme Court on Monday reinforced the stance that foreign nationals involved in criminal cases must remain in India until their cases are resolved. Justices Abhay S Oka and Ujjal Bhyuan highlighted the importance of coordination with relevant authorities under the Registration of Foreigners Rules, 1992, when granting bail.

The bench's decision stemmed from a case involving a Nigerian national's bail conditions in a drugs-related issue. It declared invasive tracking measures as a breach of privacy rights under Article 21. Nevertheless, the court stressed the requirement for civil authority permission before any foreigner can exit the country once on bail.

Officials must promptly inform relevant authorities upon granting bail, ensuring measures within the Foreigners Act, 1946, and the 1948 Order are adhered to. The ruling mandates efficiency in informing high courts, highlighting the necessity of streamlined communication for legal proceedings concerning foreign nationals.

(With inputs from agencies.)