Indore, February 26 The Madhya Pradesh High Court has refused to order the release of a Bangladeshi woman held in a detention center in Indore, citing her safety in light of the current international situation.
Justices Vijay Kumar Shukla and Alok Awasthi of the Indore bench of the high court made this observation on February 23 while disposing of a habeas corpus petition filed by the Bangladeshi woman under Article 226 of the Indian Constitution.
In the petition, she had pleaded with the court that her bail plea had already been accepted, and therefore, she should be released from the detention center.
Article 226 of the Indian Constitution empowers high courts to issue various writs (formal orders) in matters involving fundamental rights and other legal rights of the people.
A case was registered against the Bangladeshi woman and others in Indore in 2020 under relevant provisions of the Indian Penal Code (IPC), the Foreigners Act, and the Passports Act.
The case was filed on charges of staying in India without valid documents, holding a person hostage for ransom, assault, and threats.
The state government argued in the high court that the trial in the case against the Bangladeshi woman, in which she faces serious charges, has not concluded, and she is being temporarily kept in a detention center set up in the Indore district jail under the Foreigners Act and other provisions.
After considering the arguments of both the parties, the division bench said, "It is not in dispute that the trial is still pending and the presence of the petitioner may be required at any time during the trial. Considering the present international scenario, it is for her safety to keep her in the detention center."
Regarding the Bangladeshi woman's plea for release from the detention center, the court said, "We are not inclined to grant the said relief, as the petitioner is in the detention center and not in jail."
The high court, however, underlined that the trial against the foreign national has been pending for more than six years.
"Considering the fact that the trial is pending for more than six years, we observe that the counsel for the State will direct the prosecution agency to expedite the trial within a period of six months from the date of receipt of a certified copy of the order by producing the witnesses, etc.," it said.
The high court said, "However, if there is no progress in the trial within the aforesaid period, then liberty is granted to the petitioner to file a fresh petition in this regard for expediting the trial."