HC flags illegal detention of Nigerian nationals who completed sentences

The Bombay High Court expressed concern over the prolonged confinement of two Nigerians post-sentencing, urging the state to respect their rights during deportation.

MUMBAI: The Bombay High Court on Thursday raised concerns over the prolonged confinement of two Nigerian nationals in Mumbai who completed their sentences for narcotics related offenses. The court directed the state to respect their fundamental rights while complying with deportation procedures.

HC flags illegal detention of Nigerian nationals who completed sentences

Daniel Ifeanychukwu Ezieke and John Jamesh Francis were arrested on January 12, 2019, for having 1 kg of cocaine in their possession. The contraband was seized, and they were charged under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, the Foreigners Act, 1946, and the Passport Act, 1967.

In November 2024, they were acquitted of charges under the NDPS Act but were convicted for violations under the Foreigners Act, Passport Act and the Indian Penal Code.

Despite having completed their sentences, a restriction order was imposed by the Foreigners Regional Registration Officer on November 18 to prevent the accused from going untraceable before deportation. They were not released, and were instead confined to the premises of the Anti-Narcotics Cell (ANC) in Bandra, Mumbai.

The two Nigerian nationals were represented by advocates Taraq Sayed, Ashwini Achari, Alisha Parikh, and Anish Pereira, who argued that their detention was unlawful since they had already served their sentence. They contended that the restriction order amounted to further detention without legal basis.

The state, represented by APP J P Yagnik, justified the restrictions, citing provisions of the Foreigners Act, 1946, which allow authorities to impose conditions on the movement of foreign nationals. The State argued that the accused might abscond or engage in further illegal activities, which warrants the restrictions.

The bench consisting of Justice Bharati Dangre and Justice Manjusha Deshpande acknowledged the powers granted under the Foreigners Act to restrict foreign nationals’ movements but were concerned that the nature of confinement was comparable to detention. The judges remarked that while monitoring the accused persons’ activities is reasonable, confining them to the ANC office without exploring less intrusive alternatives was unjustified. The court directed the state to verify the residential address provided by the petitioners and to devise appropriate conditions for their restricted movement until deportation.