Supreme Court Affirms Article 21 Protection for Foreign Nationals: No Indefinite Detention

The Supreme Court of India, in a significant judgment, has reinforced the universal nature of fundamental rights by ruling against the indefinite detention of foreign nationals. The bench clarified that while the state has the power to deport illegal immigrants, this power does not grant the authority to keep individuals in detention centers for an unlimited period, especially when deportation is not a foreseeable reality. The core of the ruling rests on Article 21 of the Constitution, which states that "no person shall be deprived of his life or personal liberty except according to procedure established by law." The Court reiterated that the word "person" in this article encompasses every individual within the territory of India, irrespective of their citizenship status. Consequently, any detention must be "fair, just, and reasonable." If the process of deportation is stalled due to lack of documentation or refusal by the country of origin to accept the individual, the state must consider releasing the person under certain conditions, such as executing a bond or regular reporting to local authorities.