Madras High Court grants bail to 20 foreign nationals

The Madras High Court on Monday granted bail to20 foreign nationals arrested for allegedly engaging in religious activities in breach of visa conditions.

Justice G R Swaminathan, while granting bail to the persons hailing from from Bangladesh and Indonesia, said that after their release it was open to the authorities to arrange fortheir stay at the special camp under the Foreigners Act. These people were earlier held on charges of engaging in religious activitiesin breach of visa conditions, and defying lockdown regulations and staying in religious places.

The government could also consider the proposal of the Jamia QasmiyahArabi college at Washermanpet to house the petitioners there, the court said. The proceedings against the petitioners shall be concluded if they executed appropriate affidavits expressing regret for having violated the visa conditions. The Judge said it is for the petitioners to coordinate with their respective embassies and consulates and arrange for their return to their respective nations, while the Central and state governments will play the facilitator's role.

The Judge said though the petitioners did not test positive for COVID-19 so far, the position may be different later. The petitioners were willing to bear the cost of the transportation and to coordinate with the embassies and arrange for their return. If the police insisted on detaining the petitioners and prosecuting them, the same can be characterised as unreasonable, unjust and unfair, the judge noted.

The continuance of the criminal proceedings against the petitioners would amount to infraction of their fundamental right. Besides, they had already suffered enough for their transgression of law and with the prevalence of a medical emergency, the petitioners have the right to return to their native countries,the judge said.