Karnataka High Court orders release of two Nigerian nationals for procedural lapses in their arrest, but orders their immediate deportation

Karnataka High Court releases two Nigerian nationals for procedural lapses but orders their immediate deportation for overstaying in India.

Stating that the right guaranteed under Article 22(1) of the Constitution, against the arrest of a person without being informed about the grounds of arrest, extends even to foreign nationals, the High Court of Karnataka has ordered the release of two Nigerian nationals as the grounds for their arrest were contrary to Supreme Court’s guidelines.

However, the court directed the authorities to deport them immediately after they were released, as they were overstaying in India for over a decade without a visa but for the reason that they were involved in criminal case.

Justice M. Nagaprasanna passed the order while allowing the petition filed by Emeka James Iwoba, 39, alias Austin Noso Iwoba and Uderike Fidelis, 34, who had challenged the legality of their arrest by the Bengaluru City Police in May 2024. They were arrested on the charges of possessing narcotic substances and violation of the Foreigners Act.

“The Constitutional protection under Article 22 extends to all persons within the territory of India, including foreign nationals as it is not citizen-centric but person-centric,” the court observed.

Ordering the release of the petitioners, the court said that the moment the petitioners are set at liberty, they must be handed over to the Foreigners Regional Registration Office for further action in terms of the Standard Operating Procedure (SOP) on overstaying foreign nationals for withdrawal of prosecution and consequently for deportation.

Meanwhile, the court directed the State government to constitute a State and district-level screening committees on overstaying foreign nationals as per the SOP and submit a report to the court within four months.