Not mandatory to issue notice to Foreigners Registration Officer in a foreigner's bail application: Supreme Court

New Delhi: The Supreme Court on Monday said that it is not necessary to implead a Foreigners Registration Officer in a bail application filed by a foreign national, booked for committing a crime in India.

"We do not see any propriety in issuing a direction that either the Civil Authority or the Registration Officer should be made a party to a bail application filed by a foreigner or a notice of the bail application be issued to the said authorities. (T)he 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," said a bench of Justices Abhay S Oka and Ujjal Bhuyan.

The authorities under the Foreigners Act, 1946 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 1946 Act, added the Justice Oka-led Bench.

"Under clause (b) of Section 3(2) of the (Foreigners) Act, 1946, there is a power vested in the Central government to issue an order generally or with respect to any particular foreigner or class of foreigners that they shall not depart from India or shall depart subject to observance of such conditions on departure as may be prescribed. (A)s of today, there is no order passed by the Central government for giving effect to clause (g) of Section 3(2) of the Act," it noted.

In any event, even if such an order is issued, the power to arrest or detain a foreigner under the Act is independent of the power of the criminal court to grant bail, the apex court ruled.

Notwithstanding the bail granted by a criminal court, the power to arrest and detain a foreigner can be exercised, provided the Central government makes an order in terms of clause (g) of Section 3(2) of the Foreigners Act, 1946, it clarified.

Senior advocate Vinay Navare, appointed as amicus curiae (friend of the court), has suggested that it will be appropriate to direct that while considering the prayer for granting bail in case of a foreign national who is accused of serious offences, a notice should be issued to the Civil Authority so that the said authority can be heard on the prayer for grant of bail and on bail conditions, in the event the court is inclined to grant bail.

Turning down the suggestion, the apex court laid down that it is not necessary to implead a Foreigners Registration Officer appointed under Rule 3 of the Registration of Foreigners Rules, 1992 in the bail application filed by a foreigner.

"All that can be done is that while releasing a foreigner on bail, the court should direct the investigating agency or the state, as the case may be, to immediately inform the concerned Registration Officer appointed under Rule 3 of the Rules about the grant of bail so that the Registration Officer can bring the fact of the grant of bail to the notice of concerned Civil Authority,” it said.

In effect, the Supreme Court passed two directions.

First, while granting bail to a foreigner, the concerned court will issue a direction to the prosecuting agency to immediately communicate the order granting bail to the concerned Registration Officer Rules who, in turn, will communicate the order to all concerned authorities including the Civil Authorities, to enable them to take appropriate steps in accordance with the law.

Second, the apex court directed that the copy of its order will be forwarded to Registrar Generals of all the high courts, who in turn will forward the copies of the order to all the criminal courts in the respective states.