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Trial court can't send foreigners to detention centre while granting bail: HC

The order by justice Anish Dayal came following petitions by a Nigerian man who was sent to a detention centre by a magisterial court even while being granted bail in a criminal case filed under the Delhi Excise Act and the Foreigners Act in April 2021 considering that his visa had expired

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Image used for representational purpose. Pic/iStock

Image used for representational purpose. Pic/iStock

The Delhi High Court on Wednesday said that a trial court cannot send a foreign citizen to a detention centre at the time of granting him bail as these facilities are not meant for judicial custody but for keeping foreign nationals on the basis of an executive order in terms of the Foreigners Act, reported news agency PTI.

The order by justice Anish Dayal came following petitions by a Nigerian man who was sent to a detention centre by a magisterial court even while being granted bail in a criminal case filed under the Delhi Excise Act and the Foreigners Act in April 2021 considering that his visa had expired.

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