The Allahabad High Court urged the Union government to contemplate initiating steps towards crafting an international treaty to tackle the challenges encountered in prosecuting foreign nationals.
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UP: The Allahabad High Court has recently prompted the Union government to contemplate the establishment of an international treaty to better address challenges encountered in prosecuting foreign nationals.
Justice Ajay Bhanot emphasized the necessity for both State and Central governments to adapt to the changing dynamics brought about by globalization, which has introduced new complexities to traditional laws and legal principles.
Justice Bhanot expressed concerns that certain crimes committed by foreign individuals could impact national security and economic stability, highlighting the urgent need for a comprehensive legal structure to navigate these issues effectively. Consequently, the Court requested the Indian Government to consolidate responses from its various departments into a single affidavit, to evaluate the feasibility of formulating a policy or legislation in this realm.
The statement-
“The Union of India may also examine the possibility of initiating the process of creation of international instruments with the consensus amongst the comity of nations,”
-underscores the court’s advocacy for international collaboration in addressing these legal challenges.
These remarks were made in the context of hearing cases involving Chinese nationals prosecuted in Uttar Pradesh for various offences. A particular problem identified by the court was the difficulty faced by foreign defendants in providing a surety for bail, given their lack of social and familial ties within India. The Court noted,
“Foreign nationals do not have any roots in the country which is one of the basis for accepting sureties.”
Additionally, the absence of interpreters and consular support was pinpointed as a significant issue, impacting the accused’s ability to engage effectively with the legal process. The court underscored,
“Counsellor access, providing of legal aid in eligible cases, communication with their families in their native countries are also requirements of processual fairness in criminal trials of foreign nations.”
The court also addressed the challenge of ensuring the presence of foreign nationals who might flee India while on bail, stressing that ignoring these concerns could inadvertently establish “law-free zones” for foreign offenders. This scenario arises from the potential exploitation of the gaps in legal frameworks by foreign individuals to evade the Indian legal system.
In its commitment to uphold justice and equality, the court affirmed that foreign nationals should not be deprived of fair treatment under Indian laws. It instructed that trial courts should appoint certified interpreters or translators to assist non-native defendants, as articulated in the order:
“The court may issue appropriate directions to the State Government.”
Recognizing the severity of the situation with the accused’s personal liberties in jeopardy, the court mandated prompt action from both the Union and State governments of India. The ongoing legal deliberations are scheduled to resume on April 18.
CASE TITLE:
Zong Hao Zhe @ Jon vs. State of UP
Click Here to Read Previous Reports of Foreign Nationals in Indian Courts
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