Foreigners Act, 1946 – ss.3, 2(a), 14 – Registration of Foreigners Rules, 1992 – r.3 – Foreigners Order, 1948 – Clause 5 – Civil Authority or the Registration Officer, if can oppose bail application filed by a foreign national and whether they ought to be made a party in such bail applications:
Held: No – The authorities under the Foreigners Act and the Foreigners Order have no locus to oppose bail application filed by a foreigner unless bail is sought where the allegation is of the offence punishable under Section 14 of the Foreigners Act – The impleadment of the Civil Authority or Registration Officer in all bail applications filed by foreigners may result in unnecessary delay in deciding the bail applications – While granting bail to a foreigner within the meaning of the Act, the concerned court shall direct the State or prosecuting agency, to immediately communicate the order granting bail to the concerned Registration Officer appointed under Rule 3 of the Rules who, shall further communicate the order to all concerned authorities including the Civil Authorities. [Paras 6, 8]
As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Divya Pandey. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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