Foreigner detenues in detention centres for two years shall be entitled for release; SC.

Supreme Court of India

Chief Justice S.A. Bobde, Justice L. Nageswara Rao & Justice  Mohan M. Shantanagoudar

The SC on April 13, 2020 {IN RE : CONTAGION OF COVID 19 VIRUS IN PRISONS } in suo motu writ petition held that having regard to the present circumstances prevailing in the country and having regard to the fact that it has already permitted the release of prisoners, and people under detention in general, who have completed three years upon their declaration as foreigners. It was held that there is no reason why the period should not be reduced from three years to two years, that is to say, the prisoners or detenues who have been under detention for two years shall be entitled to be released on the same terms and conditions as those laid down in the earlier order dated 10.05.2019, except that they shall not be required to furnish a bond in the sum of Rs.1,00,000/- (Rupees one lakh only). Instead they shall be required to furnish a bond in the sum of Rs.5,000/- (Rupees five thousand only) with two sureties of the like sum of Indian citizens. 

Earlier vide order dated 10.05.2019 the SC held insofar as the release of detenues who have served long period of detention in the detention centres awaiting their deportation is concerned, it was directed that detenues who have completed more than three years may be released. The present order reduces the time to 2 years and surety amount to Rs. 5,000/-, rest of the conditions remain the same as in earlier order.

Accordingly relief was extended to foreign detenues also, in view of covid-19 by the SC.

The said directions were issued on the interim application, and in view of spread of Covid-19, and in furtherence of earlier order(s) by the SC.