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Maha: HC grants bail to Bangladeshi woman on violation of fundamental rights in case of illegal stay in India

Mumbai, May 11 (UNI) The Bombay High Court has granted bail to a female Bangladeshi national, accused of illegally entering India, citing violation of her fundamental rights due to her delayed production before a magistrate, a lawyer said on Sunday
In an order passed on May seven, Justice Milind Jadhav noted that petitioner was not produced within the mandatory 24-hour period after her arrest, which amounts to a breach of her constitutional rights under Articles 21 and 22.
The court observed that Shabnam Suleman Ansari, a resident of Vashi, was arrested on January 28 at 12.30 pm, along with her one-and-a-half-year-old son. However, she was presented before a magistrate only at 4.30 pm next day—well beyond the 24-hour window.
“The production of applicants thus beyond the permissible limit of 24 hours is in clear violation of fundamental rights guaranteed under Articles 21 and 22 of the Constitution of India,” Justice Jadhav stated.
“Prima facie this is an unexplained breach of the mandate of Article 21 and sub-clause 2 of Article 22 of the Constitution of India.”
The judge came down heavily on the investigating officers, stating, “It is unfortunate that prosecution officers are indifferent to these elementary but statutory requirements regarding detention beyond 24 hours not being permissible unless the accused person is produced before the Magistrate.”
Ansari was arrested based on intelligence inputs that a foreigner had entered India illegally. She was booked under Section 14(a) of the Foreigners Act, 1946 and Sections 3(a) and 6(a) of the Passport (Entry into India) Act, 1950 at APMC Police Station.
Her advocate, Shubham Upadhyay, argued that the delay in production violated Section 58 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which was accepted by the high court and the court granted her bail.
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