Bombay High Court Grants Bail to Bangladeshi National, Flags Prima Facie Breach of Fundamental Rights.
Bombay High Court Grants Bail. Introduction: In a landmark move that shines a spotlight on the importance of fundamental rights—even for foreign nationals—the Bombay High Court recently granted bail to a Bangladeshi woman accused of illegal entry into India. The court's ruling emphasizes that the basic rights enshrined in the Indian Constitution must be upheld, irrespective of a person’s nationality. Background of the Case: The case involves a Bangladeshi woman who was arrested in Maharashtra under the Foreigners Act, 1946, for allegedly entering India without valid documentation. She had been in custody for months before her case came before the Bombay High Court. What makes this case unique is the court’s observation that her prolonged incarceration may amount to a prima facie breach of her fundamental rights under Article 21 of the Indian Constitution, which guarantees the right to life and personal liberty. Court’s Observations: While granting her bail, the ...