Kolkata, Sept. 4 -- The Supreme Court has reportedly clarified that illegal foreign nationals who have completed their sentences but remained in West Bengal prisons for more than three years are to be released on bail through the jurisdictional trial court.
A bench headed by Chief Justice of India Surya Kant, with Justices Joymalya Bagchi and V Mohana, issued the clarification on August 31 after it was pointed out that West Bengal has no Foreigners' Tribunal, although the court's May 2025 order had referred to one while laying down bail conditions.
The court added "jurisdictional trial court" to the relevant conditions of its earlier order following a request by advocate Soutik Banerjee. The May order had directed the state to identify foreign nationals who had completed their post-conviction sentences but continued to remain in custody for over three years, and facilitate their release on bail subject to safeguards.
Those released must furnish a Rs 1 lakh bond with two Indian citizen sureties and provide a verifiable address. Their iris biometrics, if possible, all 10 fingerprints and photographs must be captured and stored in a secure database before release. They must report weekly to the specified police station and immediately inform it of any change of address. The SP (Border) must submit a quarterly compliance report. Violation of the conditions can lead to apprehension and production before the jurisdictional trial court.
Published by HT Digital Content Services with permission from Millennium Post.