Continued Detention Of Saudi Born "Rohingya Refugee" In Jail Despite Completion Of Sentence Violates Article 21: Madhya Pradesh High Court

While considering the case of a man–born in Saudi Arabia and claiming to be a Rohingya refugee–the Gwalior Bench of Madhya Pradesh High Court said that his detention in the city's Central jail after completion of his sentence for allegedly having a foreign passport violated his right to life under Article 21 of the Constitution of India. The District Collector, Gwalior also sent a letter to Principal Secretary, Home Ministry thereby informing that Central Jail shall be treated as temporary Detention Centre for the purpose of stay of petitioner. It had then thereafter directed, “Accordingly, counsel for State as well as Union of India are granted a day's time to address as to whether Union of India is ready to take action as per directions by this Court by order dated 23.10.2024 or else State Government as well as Union of India are ready to pay cost of illegal detention on monthly basis to petitioner.” On December 10 when the matter was listed, the counsel for Union of India submitted that Saudi Arabia had refused to take the petitioner back to its Country and talks with Bangladesh were going on. Thus, the court concluded that the petitioner had already undergone the jail sentence twice and his detention at Central Jail, Gwalior was violative of Article 20 and 21 of Constitution of India.