Context: The Punjab and Haryana High Court has granted regular bail to a Bangladeshi woman accused of forgery, cheating, and staying in India without valid documents, holding that the right to personal liberty under Article 21 applies to foreigners too.
Relevance of the Topic:Prelims: Key facts about Article 21.
Mains: Right to Personal Liberty: Evolution and threats to personal liberty.
Recent Verdict by Punjab and Haryana High Court:
- The High Court has granted regular bail to a Bangladeshi woman accused of forgery, cheating, and staying in India without valid documents, holding that the right to personal liberty under Article 21 applies to foreigners too.
- The court held that prolonged pre-trial custody, especially for an undocumented migrant unable to arrange sureties, would amount to irreversible injustice.
Article 21: Right to Life and Personal Liberty:
- Article 21 states that: No person shall be deprived of his life or personal liberty, except according to the procedure established by law.
- The word ‘person’ in Article 21 is wide enough to cover not only citizens but also foreigners. The State has an obligation to protect the liberty of such foreigners and ensure that their liberty is not deprived except in accordance with the procedure established by law.
Rajubala Das v. Union of India Case (2020):
- The Rajubala Das v. Union of India case challenged the legality of indefinite detention of non-citizens in India.
- The SC ruled that prolonged and indefinite detention, in the absence of any real possibility of deportation, amounted to a gross violation of his fundamental right to life and personal liberty under Article 21 of the Constitution.
Also Read: Foreigners Tribunals: Detaining Non-Citizens and Rule of Law