States need not voluntarily inform foreign missions in the country about the detention or arrest of a foreigner unless requested by the latter, the Ministry of Home Affairs (MHA) has said.
The MHA also recently told the state police forces and prisons not to approach the foreign missions on their own bypassing the Ministry of External Affairs (MEA) and route all such communication only through proper channels.
In letters to police and prison administrations across the country, the MHA said that the MEA has informed that information about the arrest/custody of a foreign national is to be provided to the consular post only if requested by the foreigner who is arrested or detained.
"In the absence of such a request, there is no obligation to notify the consular post when a national of such country is arrested or detained, unless specifically provided," MHA Deputy Secretary Arun Sobti said in the letter. The MEA is the nodal Ministry in respect of consular and diplomatic issues with foreign Governments,
The letter said that the willingness to inform the foreign diplomatic mission may be taken from a foreign national in the event of his arrest, detention, custody or imprisonment in India.
Along with the information, it said, his willingness to inform his Diplomatic Mission must also be forwarded to the Consular, Passport and Visa (CPV) Division, Ministry of External Affairs.
"The information regarding arrest/detention/imprisonment of a foreign national is not to be conveyed by States/UTs to local diplomatic Missions directly and has to be always routed through the Ministry of External Affairs only," the letter added.
The MHA had in August last year issued guidelines on providing consular access to foreign nationals in prisons, custody or detention. Consular access is granted to foreign Diplomats or consular officers to visit the nationals of their country, who are in prison, custody or detention, as and when any such request is received by the MEA from the missions.
"Consular access is to be granted only on receipt of permission letters issued by the CPV Division of the Ministry of External Affairs who are authorized to issue such permission," the guidelines had said.
Regular reports of arrest or detention of foreign nationals are to be provided to the CPV Division of the MEA.
"Special attention may be paid to the fact that there should be no delay in intimation of the arrest of a foreign national to MEA and MHA," the guidelines had said.
The states and union territories will also have to send regular quarterly and six-monthly reports about foreign nationals in jails or Detention Centres, including the crime and current status of their case to MEA and MHA.