MP High Court refuses to release Bangladeshi national, who got bail, for "her own safety"

The Madhya Pradesh High Court recently declined to release a Bangladeshi national who has remained in a detention centre in Indore for over six years despite being granted bail in the criminal case against her.

A Division Bench of Justice Vijay Kumar Shukla and Justice Alok Awasthi said that releasing her would be detrimental to her own safety, given the current international scenario.

"The trial is still pending and the presence of the petitioner may be required at any time during the trial and considering the present international scenario, it is for her safety to keep her in detention center," the Court stated.

The Court passed the order on February 23 while hearing a petition filed by the detained woman seeking release from the detention centre, speedy conclusion of trial and other reliefs.

The Court refused to order her release but noted that the trial has remained pending for over six years and directed the State to fast-track it.

The petitioner argued that her continued detention despite grant of bail violates Articles 14 (equality before law) and 21 (protection of life and personal liberty) of the Constitution.

Additionally, she sought coordination with the concerned Embassy and authorities for repatriation, counting of her detention period as judicial custody with consequential benefits, compensation for alleged prolonged detention, and an independent inquiry against officials.

The State informed the Court that although the petitioner had been granted bail by the High Court in the criminal case, she has been kept in a detention centre since the trial is still pending and she is a foreign national.

According to the State, the petitioner is an accused for offences under Sections 346 (wrongful confinement in secret), 347 (wrongful confinement to extort property), 323 (voluntarily causing hurt), 364-A (kidnapping for ransom), 506 (criminal intimidation), and 34 (acts done by several persons with common intention) of the Indian Penal Code (IPC).

She is also charged under Sections 14(a), 14(b) and 14(c) of the Foreigners Act, 1946 (provisions prescribing penalties for violation of visa and stay conditions by foreign nationals), as well as under the Passports Act, 1967 (law regulating passports and travel documents).

Her detention, the State said, is based on an order issued by the District Magistrate of Indore under the Foreigners Act, 1946 and the Foreigners Order, 1948 (an executive order regulating the movement and stay of foreigners in India).

The Court noted that the petitioner is not lodged in regular jail custody but is being kept in a detention centre pursuant to the administrative order of the competent authority. In view of this, it declined to grant the relief.

However, the Court took note of the fact that the trial in the case has been pending for more than six years.

It directed the State counsel to ensure that the prosecution takes steps to expedite the trial within six months from the date of receipt of the certified copy of the order.

The Court clarified that if there is no progress in the trial within the stipulated six-month period, the petitioner would be free to file a fresh petition seeking appropriate directions for early disposal of the trial.

Advocate Shanno Shagufta Khan appeared for the petitioner.

Additional Advocate General Sonal Gupta represented the State.

[Read Order]