Supreme Court of India
Credit: PTI File Photo
New Delhi: The Supreme Court has asked the law enforcement agencies working at international airports to exercise caution in arresting NRIs, as such ill-advised actions tend to bring disrepute to the country in the international fora besides being in breach of the human rights guarantees.
A bench of Justices Vikram Nath and Sandeep Mehta said, any such step should not be taken in haste and must be proceeded by appropriate legal opinion and with a pragmatic approach.
Terming the arrest and the FIR lodged against Rocky Abhraham, an NRI, settled in Italy for the past 23 years as unlawful, the court also emphasised an imminent need to require the jurisdictional agencies, handling affairs at the international airports, to sensitize their officers in the prevailing laws before taking the drastic step of detention and arrest of an international traveler.
Abraham was arrested on January 16, 2025 here for possessing reindeer horn, which was subsequently found as species not falling under the category of a protected or prohibited animal as per the schedule of Wildlife (Protection) Act, 1972.
On his writ petition argued by advocate Wills Mathews, the court felt allowing further prosecution of the petitioner in this case would tantamount to gross abuse of the process.
The bench referred to a recent incident that took place at the Jaipur International Airport, wherein an octogenarian passenger travelling from Dubai was detained and his preowned Rolex watch was arbitrarily seized on the ground that it constituted luxury goods.
Ultimately, the watch was found to be lawfully owned, the court pointed out.
The court allowed the petitioner to avail suitable remedy seeking damages before the appropriate forum, if so desired.
Abraham, hailing from Kerala, was travelling from Italy to Kochi via Delhi for his annual vacation and to undergo knee surgery.
He was apprehended at Delhi Domestic Airport. On search of his baggage, he was allegedly found in possession of a deer horn and a case was lodged for violation of the provisions of the Wildlife (Protection) Act, 1972.
He was granted bail on January 22, 2025 subject to furnishing two sureties along with a personal bond of Rs 50,000 each. He was also prohibited him from leaving the country.
He had to remain incarcerated for about 14 days, as he could not arrange sureties.
He approached the Delhi High Court for quashing the FIR and the permission to travel back to Italy. A forensic report was filed stating the seized horn was of reindeer not a protected specie.
He sought permission to go back to Italy which was allowed by the trial court on August 11, 2025 with onerous conditions that he would furnish an FDR of Rs 20 Lakhs and would not visit any country except Italy, etc.
He then approached the apex court, which examined his plea, invoking jurisdiction under Article 136 read with Article 142 of the Constitution.