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Karnataka HC – Bail Condition to Keep Foreigner in Detention Centre not violative of Article 21
A petition was filed to relax the bail condition imposed by the trial court directing to keep him in the detention center till the case registered against him is disposed under the Foreigners Act. This petition was dismissed by the Karnataka High Court.
While dismissing the petition filed by Toichubek Uulu Bakytbek, Justice Hanchate Sanjeevkumar said that to impose a condition to place the petitioner in Detention Centre cannot be said as harsh or illegal and is not unjustifiable and it does not violate Article 21 of the Constitution of India.
The accused has come on a Tourist Visa in India and stayed in Bidar district at Bilal Masjid. It is said that the conditions of the Visa were violated by him and so the offense was committed by him under Section 14 (a), 14 (b) & 14 (c) of the FA Act, 1946.
The accused sought bail from the trial court after being arrested, his bail application was allowed but a condition was imposed stating he should be kept in a nearby detention center, and if not available till the disposal of the case he should be kept at the detention center at Banglore.
The sessions court rejected the plea for relaxation in the said condition, so he approached the high court. Appearing for the accused was Advocate Syed Talha Hashmi. He said that the condition imposed was a harsh one which affects Article 21 of the Constitution of India. This condition was negating the benefit of bail granted to the petitioner.
The Court said that the Detention Centre should not be considered as jail or prison. The object is to restrict the movement of the person. For the sovereignty of the country, the State has the power to impose such conditions. The petition filed was dismissed as it had no merits. The order was passed on 4th September 2020.
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