Concerned about foreigners accused in NDPS cases securing bail on fake sureties, the Supreme Court on Monday imposed several conditions of depositing passports, territorial travel restrictions and declaration of income on such people.
Issuing a slew of directions, a bench of Justices Sanjay Karol and Augustine George Masih said sureties turn out to be fake, false or non-existent, shaking the confidence in the justice-delivery system.
SC’s New Directions To Curb Foreigners’ Fake Sureties
On a proposal for licensed bail bondsmen in Narcotic and Psychotropic Substances (NDPS) Act cases, the court said it is a matter that requires in-depth consideration and asked the executive to take a call on the issue.
“The passport of the accused foreign national shall be deposited with the jurisdictional court. Concomitantly, the court may place a restriction upon the accused’s ability to travel outside the country without its prior permission.
“The accused so released on bail shall register within one week of release with the Foreigners Regional Registration Office (FRRO) and inform in writing to the investigating officer as also the concerned court of having made such registration,” the bench said while dealing with an NDPS case where a foreign national, Chidiebere Kingsley Nawchara, secured bail and then went on the run.
The court directed that an accused foreign national shall mandatorily produce two sureties of like amount to secure bail.
“If the concerned court is of the considered view, upon it being so demonstrated to them, that despite sufficient effort, it has become difficult/impossible to secure two sureties, the concerned court may relax this condition by way of a written order recording reasons.
“The process of verification of sureties shall, in all cases, be done within three days, and the verification report be placed before the trial court prior to the release of the accused. If this timeline is not followed, the reasons therefor be recorded and brought to the notice of the concerned court,” the bench said.
Verify Residential Address Physically, Says SC
The apex court said even if the residential address of an accused and other contact information etc. within India was verified during the course of investigation, the same shall be re-verified, physically, within three days of the order granting bail.
“The accused foreign national shall file before the concerned court an affidavit indicating their source of income/funds within India and also give details of all bank accounts, if any, in the country.
“The concerned investigating officer shall, through written communication, inform the embassy of the country of origin of the accused of their involvement in the alleged crime,” the bench said.
It also directed the Ministry of Law and Justice, along with the National Informatics Centre, to create a centralised database wherein all particulars of each individual — the accused as well as those who stand as a surety for foreign nationals accused in NDPS cases — shall be entered.
“When sureties, purportedly verified, are later discovered to be fake, all officials concerned (police, court officials and revenue officials) with the verification process shall face a departmental inquiry for dereliction of duty. The Ministry of Home Affairs, Government of India, and its counterparts in the states shall issue necessary guidelines for the departments concerned to proceed against erring officials,” the bench said.
When a person stands as surety in favour of a foreign national accused, a lien or charge equal to the amount of the surety bond be created on their property in any form, including immovable property, it said.
“In case of violation of the condition imposed, the concerned court may, in the attending facts and circumstances of each case, direct the realisation of such lien.
“All high courts through their respective IT committees shall take steps to implement the creation of a digital portal through which speedy verification and authentication of documents, such as property and finance, can be carried out,” the bench said.