Foreign Nationals Also Protected by Article 21: Rajasthan High Court Orders Speedy Trial

The Rajasthan High Court has held that foreign nationals facing trial in India are equally protected under Article 21, which guarantees the right to life, dignity and a speedy trial. Justice Anoop Kumar Dhand made the observation while hearing the bail plea of two Bangladeshi nationals who have been in custody for over one-and-a-half years in an illegal organ transplantation case.

The two accused were booked under IPC Sections 419, 420, 471 and 120B. They later turned approvers, but despite the chargesheet being filed, the trial court had not framed charges and their statements had not been recorded.

Arguments

Advocate K C Sharma argued that all other co-accused (who were Indian nationals) had already been granted bail, but the two foreign nationals continued to be in custody only because they accepted the tender of pardon. He submitted that Section 306(4) CrPC was being mechanically applied, and the delay in framing charges had caused prolonged detention.

He emphasised that more than 18 months had passed, and the accused were still waiting for their statements to be recorded.

The State opposed the bail plea. The government counsel argued that, as per Section 306(4) CrPC, an approver must remain in custody until his statement is recorded or the trial concludes.

High Court’s Findings

The High Court criticised the delay, observing that a trial court cannot keep adjourning the matter “from one day to another” unnecessarily and cause avoidable delay in framing of charges. Such delay, the court said, directly affects the fundamental right to a speedy trial.

Justice Dhand held that Article 21 applies to all persons, including foreign nationals, and the right cannot be denied merely because the accused are not Indian citizens.

The court stated:

“They have the fundamental right to a speedy trial under Article 21. This protection is not confined to Indian citizens alone.”

Directions Issued

The High Court directed the trial court to:

• decide the charge/discharge issue within four weeks,
• prioritise the recording of statements of the two foreign nationals if charges are framed, and
• ensure that no unnecessary adjournments delay the trial.

The court also allowed the two accused to move for bail again after their statements are recorded.