The Nagpur bench of the Bombay High Court has taken serious note of the continued detention of a Nigerian national despite him being granted bail 10 months ago. The court has now referred the matter to a larger bench as a Public Interest Litigation (PIL), citing government inaction in transferring the accused to a foreigner detention centre.
Emeka Udenje, a Nigerian national, was arrested by Nagpur Police’s cyber cell on May 21, 2023, in Delhi. He was booked under sections of the Indian Penal Code related to cheating and criminal breach of trust, along with Section 14 of the Foreigners Act. He was remanded to judicial custody on May 27, 2023.
On June 19, 2024, a Judicial Magistrate First Class in Nagpur granted Udenje bail, subject to a surety and bond of ₹50,000. However, due to his expired passport and visa, the court instructed that he be shifted to a foreigner detention centre to secure his presence for trial proceedings. The court also advised coordination with the district collector for the same.
While Udenje was formally released from Nagpur Central Jail on September 24, 2024, after meeting bail conditions, he was immediately taken into custody again—this time by the city’s cyber police—and has remained detained since.
After the sessions court rejected his plea seeking modification of the detention condition, Emeka Udenje approached the High Court through his counsels, Madan Puranik and H.R. Nanoti. During a hearing before Justice Urmila Joshi-Phalke, the government lawyer informed the court that detention centres were available at Taloja and Bhoiwada in Mumbai. Based on this, the High Court, on May 7, granted permission for Udenje’s transfer. However, with no action taken for over two months, Udenje filed a fresh application, prompting the court to seek an explanation from the authorities.
Upon further inquiry, the government changed its stance, stating that no foreigner detention centres were currently operational in Maharashtra. Troubled by the conflicting statements and the continued unlawful detention of a foreign national who had already been granted bail, the High Court remarked: “Now there is an issue where foreign nationals are to be kept. There are two other foreign nationals, and the investigating agency is unable to decide their accommodation and detention. This aspect is to be dealt with by this court.”
Justice Urmila Joshi-Phalke further observed, “If the foreign nationals are permitted to be released, there would be an apprehension of them fleeing away and difficulty in securing their presence.”
Given the unresolved issues and broader implications, the court ordered that Udenje’s case be treated as a Public Interest Litigation (PIL) and referred it to a division bench of the Bombay High Court at Nagpur. The order was also sent to the registrar (judicial) for necessary follow-up.
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