The Kerala High Court set aside movement restriction orders issued by the Foreigners Regional Registration Officer (FRRO) against three Nepali citizens who had been granted bail in a murder case.
Justice C. Jayachandran, while allowing the writ petition filed by the petitioners, held that the impugned FRRO orders issued under Section 3(2)(e)(ii) of the Foreigners Act, 1946, confining the petitioners to transit homes were illegal for want of compliance with principles of natural justice.
The petitioners, employed as resort staff in Wayanad, were accused of the murder of a newborn and were granted bail by the Sessions Court in November 2024. Despite bail, the FRRO issued orders restricting their movement, allegedly to ensure their presence during trial. The High Court noted that while the Foreigners Act provides the Central Government wide powers to regulate the movement of foreign nationals, an opportunity of being heard must be afforded when such orders significantly curtail personal liberty.
The Court emphasized that “bondage, though in a golden cage, remains bondage”, and clarified that procedural fairness applies to foreigners as well, unless exclusion is clearly justified by national interest or statute.
While declaring the FRRO orders illegal, the Court did not order immediate release of the petitioners from transit homes to prevent flight risk. Instead, it directed the FRRO to pass fresh orders within one month, after affording a hearing to the petitioners.
Appearances:
Petitioner: Sri Pranoy K. Kottaram; Sri Sivaraman P.L
Respondent: Sri Suvin R. Menon, Central Government Counsel; Sri P Narayanan, Speal Government Pleader to DGP and Addtl Public Prosecutor;
Sri Jacob P. Alex, Amicus Curiae