In a judgment with wide implications for immigration enforcement, the Karnataka High Court on 10 March ordered the immediate release of two Nigerian nationals arrested on narcotics charges, holding that police failed to inform them of arrest grounds in a language they understood—violating Article 22 of the Constitution. Justice M. Nagaprasanna stressed that Article 22 protections are “person-centric, not citizen-centric” and apply equally to foreigners. However, the Court directed that the men be handed over to the Bengaluru Foreigners Regional Registration Office (FRRO) for initiation of deportation proceedings, noting that both had overstayed their visas by several years. The dual order underscores a key compliance message: procedural lapses in arrest do not extinguish immigration liabilities. For corporate compliance teams, the ruling is a reminder that foreign employees detained for criminal offences must receive arrest documents in English or a language they understand. Failure by police to do so can nullify detention, potentially exposing companies to vicarious liability if the individual absconds. At the same time, visa validity and overstay penalties remain intact, and FRROs will move swiftly to deport overstayers once released. Immigration lawyers say the judgment may prompt police forces nationwide to review the multilingual templates used when arresting foreign nationals. It also re-affirms FRRO primacy in deportation: even when criminal courts grant bail or quash arrests, the foreigner can still be placed in a detention centre pending removal. Employers should monitor the case law because similar reasoning could protect bona-fide expatriates from improper detention during labour or civil disputes.
Source: Verdictum
