9911796707
TMI Blog2025 (1) TMI 302X X X X Extracts X X X X X X X X Extracts X X X X ..... (a) of the Act, a foreigner means a person who is not a citizen of India. 2. Under Section 3 of the Act, there is a power vested in the Central Government to issue an order making provisions either generally or concerning any particular foreigner or class of foreigners of prohibiting, regulating or restricting the entry of foreigners into India or their departure therefrom or their presence or continued presence. Under clause (g) of Section 3(2), a power has been conferred on the Central Government to issue an order directing that a foreigner shall be arrested or detained or confined. 3. In the exercise of the power conferred under Section 3 of the Act, the Foreigners Order, 1948 (for short, 'the Order') has been issued. Clause 2(2) of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to the Central Government which may cancel or modify the order in such manner as it thinks fit." ( emphasis added ) Under sub-clause (2) of clause 5, leave must be refused by the Civil Authority if it is satisfied that the foreigner's presence is required in India to answer a criminal charge. 4. Shri Vinay Navare, learned senior counsel appointed as Amicus Curiae, has suggested that considering the powers vested in Civil Authorities under the Order, it will be appropriate to direct that while considering the prayer for granting bail in case of a foreign national who is accused of serious offences, a notice should be issued to the Civil Authority so that the said authority can be heard on the prayer for grant of bail and on bail condit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... In any event, even if such an order is issued, the power to arrest or detain a foreigner under the Act is independent of the power of the criminal court to grant bail. Notwithstanding the bail granted by a criminal court, the power to arrest and detain a foreigner can be exercised, provided the Central Government makes an order in terms of clause (g) of Section 3(2) of the Act. 6. Therefore, we do not see any propriety in issuing a direction that either the Civil Authority or the Registration Officer should be made a party to a bail application filed by a foreigner or a notice of the bail application be issued to the said authorities. The reason is that the authorities under the Act and the Order have no locus to oppose bail application fi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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