The Karnataka High Court said that the right guaranteed under Article 22(1) of the Constitution to arrest a person without informing him of the reasons for the arrest also extended to foreign nationals and therefore ordered the release of two Nigerian nationals as the reasons for their arrest were contrary to the directions of the Supreme Court.
However, the court ordered the authorities to deport them immediately after their release, as they had stayed in India for more than ten years without a visa, but on the grounds that they were involved in criminal proceedings.
Justice M. Nagaprasanna granted the order while allowing a petition filed by Emeka James Iwoba, 39, alias Austin Noso Iwoba, and Uderike Fidelis, 34, who challenged the legality of their arrest by the Bengaluru City Police in May 2024. They were arrested on charges of possession of foreign narcotics.
“Constitutional protection under Article 22 extends to all persons within the territory of India, including foreign nationals, as it is not directed to a citizen but to a person,” the court said.
In the petitioner’s release order, the court stated that the moment the petitioners are released, they must be handed over to the Regional Office for the Registration of Foreigners for further processing in accordance with the Standard Operating Procedure (SOP) on overstaying of foreigners for the purpose of withdrawal of criminal prosecution and subsequent deportation.
Meanwhile, the court ordered the state government to set up state and district-level inspection committees for overstaying foreigners as per the SOP and submit a report to the court within four months.
Published – March 4, 2026 7:50 PM IST
