Created by Fuzzy Cloud

Foreigners Act, 1946

49 judgments · newest first · showing 1–49

ANNA MATKOVSKAIAversusUNION OF INDIA THR MINISTRY OF HOME AFFAIRS AND 3 ORS

Disposed of

Ms. Anna Matkovskaia, a Russian national, was detained by the FRRO in Goa on 27 March 2026 for lacking a valid passport and visa after her tourist visa expired in 2018 and her passport in 2023. She had been charged and granted bail in two NDPS cases, with conditions to surrender her passport and not …

MUSA SULTAN KHANversusSTATE OF MAHARASHTRA

Disposed Off

Musa Sultan Khan, a foreign national, was granted bail on 2 May 2025 with several conditions, including a Rs.1 lakh personal bond and the production of a passport and visa. He remained incarcerated and filed an interim application seeking modification of those conditions, arguing inability to …

SANDEEP HANUMAN SINGH YADAVversusUNION OF INDIA AND ANR

Disposed Off

The Bombay High Court heard eight grouped bail applications filed by various accused under the BNSS and CrPC seeking default bail after the statutory 180‑day investigation period expired in a large NDPS case involving over 1,800 kg of mephedrone. The prosecution had obtained an extension of the …

DEVENDER RAMPHOOL YADAVversusUNION OF INDIA AND ANR

Disposed Off

The Bombay High Court heard eight grouped bail applications filed by various accused under the BNSS and CrPC seeking default bail after the statutory 180‑day investigation period expired in a large NDPS case involving over 1,800 kg of mephedrone. The prosecution had obtained an extension of the …

HAIDER NOOR SHAIKHversusUNION OF INDIA AND ANR

Disposed Off

The Bombay High Court heard eight grouped bail applications filed by various accused under the BNSS and CrPC seeking default bail after the statutory 180‑day investigation period expired in a large NDPS case involving over 1,800 kg of mephedrone. The prosecution had obtained an extension of the …

SHOYEB SAEED SHAIKHversusUNION OF INDIA AND ANR

Disposed Off

The Bombay High Court heard eight grouped bail applications filed by various accused under the BNSS and CrPC seeking default bail after the statutory 180‑day investigation period expired in a large NDPS case involving over 1,800 kg of mephedrone. The prosecution had obtained an extension of the …

AYUB AKBARSHA MAKANDARversusUNION OD INDIA AND ANR

Disposed Off

The Bombay High Court heard eight grouped bail applications filed by various accused under the BNSS and CrPC seeking default bail after the statutory 180‑day investigation period expired in a large NDPS case involving over 1,800 kg of mephedrone. The prosecution had obtained an extension of the …

CYNTHIA @ FAVOUR UGABABANG ONYEKPEversusTHE UNION OF INDIA AND ANR

Disposed Off

The Bombay High Court heard eight grouped bail applications filed by various accused under the BNSS and CrPC seeking default bail after the statutory 180‑day investigation period expired in a large NDPS case involving over 1,800 kg of mephedrone. The prosecution had obtained an extension of the …

ANKITA NARAYANCHANDRA DASversusUNION OF INDIA AND ANR

Disposed Off

The Bombay High Court heard eight grouped bail applications filed by various accused under the BNSS and CrPC seeking default bail after the statutory 180‑day investigation period expired in a large NDPS case involving over 1,800 kg of mephedrone. The prosecution had obtained an extension of the …

BHIMAJI PARSHURAM SABALEversusUNION OF INDIA AND ANR

Disposed Off

The Bombay High Court considered eight bail applications filed by accused persons in a large NDPS case involving the seizure of over 1,800 kg of mephedrone. The core issue was whether the trial court’s order extending the statutory 180‑day investigation period under Section 36A(4) of the NDPS Act …

ZUBY IFEANYI UDOKAversusTHE STATE OF MAHARASHTRA

Disposed Off

Zuby Ifeanyi Udoka, a foreign national and accused No.1 among 22 in a NDNDPS case (C.R. No.1089 of 2020), was detained for over five years despite no contraband being seized from him. All other accused had been granted bail, but the prosecution sought to keep him in custody citing the commercial …

AGUILUM JUDE EBUKAversusSTATE OF MAHARASHTRA

Allowed

The Bombay High Court considered two bail applications filed by foreign nationals charged under Sections 8(c), 21(c) and 22(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 for alleged possession of commercial quantity of contraband. The applicants had been in custody for nearly two …

ENEJE GRACE CHINONYENversusSTATE OF MAHARASHTRA

Allowed

The Bombay High Court considered two bail applications filed by foreign nationals charged under Sections 8(c), 21(c) and 22(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 for alleged possession of commercial quantity of contraband. The applicants had been in custody for nearly two …

KINGSLEY EMEKA UKWUEZEversusUNION OF INDIA AND ANR

Allowed

Kingsley Emeka Ukwueze, a foreign national, was arrested on 27‑08‑2021 for possession of 155 g of mephedrone and 25 g of ganja. He has been in custody for over five years without the trial commencing. He filed a bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, …

SARA ISMAIL AADAMversusSTATE OF MAHARASHTRA

Disposed Off

The High Court considered an interim application filed by Sara Ismail Aadam, who had been released on bail for offences under the NDPS Act, Passport Act and Foreigners Act. The applicant was unable to furnish the required surety within the time stipulated in the original bail order dated 12-12-2025. …

DMITRII MALTCEVversusSTATE OF U.P.

The applicant, a Russian national, entered India on a tourist visa that expired on 31 March 2020 due to the COVID‑19 lockdown. The Government later issued guidelines extending the stay of stranded foreigners up to 30 September 2021, effectively giving the applicant a valid visa on the date of the …

RAJU SAYYEDUL GAZI URFA MASOOD SHAIKHversusSTATE OF MAHARASHTRA

Disposed Off

The applicant, Raju Sayyedul Gazi Urfa Masood Shaikh, sought bail in a criminal case alleging illegal entry into India using forged documents, including Aadhaar and PAN cards, in violation of the Passport (Entry Into India) Rules, 1950 and Section 14-A of the Foreigners Act, 1946. The trial and …

SRIversusSTATE REP. BY THE INSPECTOR OF POLICE, Q BRANCH, RAMANATHAPURAM, TAMIL NADU

2026 INSC 516Appeal(s) allowed

The appellant, a Sri Lankan national named Ranjan, was arrested in 2021 and charged under multiple statutes for allegedly being the absconding accused "Sri" (A‑5) involved in a conspiracy to revive the banned LTTE. The prosecution’s case rested solely on the belated testimonies of two witnesses who …

Oscar Augusto RuizversusThe State of Bihar

BAIL GRANTED

The petitioner, a Colombian national, was arrested near the India-Nepal border for allegedly entering Indian territory without a valid Indian visa, under Sections 3(2), 14(a) and 14(b) of the Foreigners Act, 1946. He contended that he unintentionally crossed the border while fleeing miscreants, …

ANJURAKHATUN FAZUL REHMAN FAKIRversusTHE STATE OF MAHARASHTRA

Disposed off as Withdrawn

Anjurakhatun Fazul Rehman Fakir applied for bail in a case involving alleged violations of Sections 3 and 4 of the Passport Act, 1920 and Sections 13, 14A and 14B of the Foreigners Act, 1946. The State indicated that the charges were framed and only nine witnesses would be examined, with the next …

Md. Ashraf Ali @ Agraf Ali @ Asraf @ Asraf AliversusThe State of Bihar

DISMISSED

The petitioner, Md. Ashraf Ali, a Bangladeshi national, was detained by SSB personnel at the Indo‑Nepal border on suspicion of illegal entry and alleged forgery of an Aadhaar card. He was charged under Sections 465 and 467 of the IPC and Sections 14(a), 14(b) and 14A of the Foreigners Act, 1946. The …

NawabversusThe State of Bihar

BAIL GRANTED

The petitioner, Nawab, was arrested in connection with offences under Sections 319(2), 318(4), 338, 336(3) of the Bihar Negotiable Instruments Act and Section 14 of the Foreigners Act, 1946 read with Section 12 of the Passport Act, 1967, alleged to have concealed his Bangladeshi citizenship while …

ROFIQUL HOQUEversusTHE UNION OF INDIA & ORS.

2025 INSC 730Dismissed

The appellant, Rofiqul Hoque, was declared a foreigner by the Foreigners Tribunal in Assam for allegedly entering India after 25 March 1971, a finding upheld by the Gauhati High Court. He challenged the declaration, arguing that his name appeared in the draft National Register of Citizens (NRC) in …

FRANK VITUSversusNARCOTICS CONTROL BUREAU AND ORS.

2025 INSC 30Disposed off

The case concerned whether a Foreign Registration Officer appointed under Rule 3 of the Registration of Foreigners Rules, 1992 must be impleaded as a party in bail applications filed by a foreign national under the Foreigners Act, 1946. The Supreme Court examined the statutory powers of the Civil …

BASUDEV DUTTAversusTHE STATE OF WEST BENGAL & ORS.

2024 INSC 940Appeal(s) allowed

Basudev Dutta, an Ophthalmic Assistant employed by the West Bengal Government since 1985, was terminated in 2011 after a police verification report, filed 25 years later, labeled him ‘unsuitable’ for the post. He challenged the termination, asserting Indian citizenship based on his father’s …

IN RE : SECTION 6A OF THE CITIZENSHIP ACT 1955 versus

2024 INSC 789Reference answered

The case concerns the constitutional validity of Section 6A of the Citizenship Act, 1955, which grants citizenship to certain migrants from Bangladesh to Assam based on cut-off dates (before 1.1.1966 and between 1.1.1966 and 25.3.1971). The provision was enacted to implement the Assam Accord. …

MD. RAHIM ALI @ ABDUR RAHIMversusTHE STATE OF ASSAM & ORS.

2024 INSC 511Appeal(s) allowed

The appellant, Md. Rahim Ali, was declared a foreigner by the Foreigners Tribunal, Nalbari, on the basis that he failed to prove his Indian citizenship under Section 9 of the Foreigners Act, 1946. He challenged the Tribunal's order, arguing that the authorities had no material basis for the …

PALLAVIversusUNION OF INDIA & ORS.

2023 INSC 782Appeal(s) allowed

The petitioner, an OCI card‑holder and U.S. national, applied for a postgraduate medical seat through the NEET (PG) exam and was initially treated as a foreign national, securing a high percentile and being allotted a pediatrics seat in AIIMS during the mock round. Shortly before the first …

ANUSHKA RENGUNTHWAR & ORSversusUNION OF INDIA & ORS.

2023 INSC 99Case Partly allowed

The petitioners, who are Overseas Citizens of India (OCI) card‑holders, had been allowed since 2005 to appear for the All India Pre‑Medical Test (NEET) and compete for medical seats on parity with Non‑Resident Indians (NRIs) and Indian citizens. In March 2021 the Union of India issued a notification …

MOHD. ARIF @ ASHFAQversusSTATE (NCT OF DELHI)

2022 INSC 1156Dismissed

The case concerns a review of the death sentence awarded to Mohd. Arif alias Ashfaq for the 2000 Lal Quila firing that killed three army jawans. The petitioner challenged the conviction on four grounds: the admissibility of call data records (CDRs) without a Section 65B certificate, the validity of …

MD MISHER ALI @ MESER ALIversusTHE UNION OF INDIA AND OTHERS

2021 INSC 205Appeal(s) allowed

Md Misher Ali was alleged by the Assam police to be an illegal migrant from Bangladesh who entered India after 24 March 1971. The police referred him to the Foreigner's Tribunal, which served notice by hanging it at his temporary address in Sivasagar, despite his permanent residence being in Dhubri, …

ABDUL KUDDUSversusUNION OF INDIA AND OTHERS

2019 INSC 684Disposed off

The petitioners challenged a perceived conflict between sub‑paragraph (2) of paragraph 3 and paragraph 8 of the Schedule to the Citizenship (Registration of Citizens and Issue of National Identity Cards) Rules, 2003, contending that persons declared illegal migrants or foreigners could still appeal …

SIRAJUL HOQUEversusTHE STATE OF ASSAM & ORS.

2019 INSC 199Appeal(s) allowed

The appellant, Sirajul Hoque, was declared a foreigner by the Foreigner's Tribunal on the ground of a discrepancy in his grandfather's name and the fact that his father later resided in a different village. The High Court upheld this declaration, holding that the appellant's written statement was …

S. NAMBI NARAYANANversusSIBY MATHEWS & OTHERS ETC.

2018 INSC 822Appeal(s) allowed

The appellant, former ISRO scientist S. Nambi Narayanan, was arrested in 1994 on alleged espionage charges that were later found to be false by the CBI, leading to his discharge. He spent nearly fifty days in police custody, during which the Supreme Court found that the investigation by Kerala …

ASSAM SANMILITA MAHASANGHA & ORS.versusUNION OF INDIA & ORS.

2014 INSC 874Directions issued

The Supreme Court examined writ petitions filed under Article 32 challenging the constitutional validity of Section 6A of the Citizenship Act, 1955, which was inserted to give effect to the Assam Accord. The petitioners, representing the people of Assam, argued that illegal migration from Bangladesh …

CHANDRA PRAKASHversusSTATE OF RAJASTHAN

2014 INSC 385Dismissed

On 26 January 1996 a bomb exploded at the SMS Stadium in Jaipur, leading to the arrest of six accused, including Chandra Prakash, Abdul Mateen and others. The prosecution relied on the testimony of an approver (PW‑1) who implicated the accused, on material recovered from the accused’s premises …

MOHD. ARIF @ ASHFAQversusSTATE OF NCT OF DELHI

2011 INSC 571Dismissed

The appellant, a Pakistani national and member of Lashkar‑e‑Toiba, was convicted for planning and executing a terrorist attack on the Red Fort on 22 December 2000, which killed three Indian Army soldiers. The prosecution proved the conspiracy and the murders through extensive circumstantial …

MAHAMUDUL HASSANversusUNION OF INDIA & OTHERS

2010 INSC 688Dismissed

A Bangladeshi national was convicted under the Foreigners Act, 1946 for illegal entry into India and sentenced to two years' rigorous imprisonment and a fine. He filed a writ petition under Article 32 of the Constitution challenging the conviction and seeking relief from the Supreme Court. The Court …

HABIB IBRAHIMversusSTATE OF RAJASTHAN

2008 INSC 756Dismissed

Habib Ibrahim, a Pakistani national, was arrested for residing in India without a valid document. He possessed only a six‑month transit visa for Nepal and was found with a Pakistani passport but no permission to stay in India. He was charged under Section 3 read with Section 14 of the Foreigners …

SARBANANDA SONOWALversusUNION OF INDIA

2006 INSC 954Case Allowed

The petitioners challenged the Foreigners (Tribunal) Amendment Order, 2006 which made the 1964 Foreigners (Tribunals) Order inapplicable to Assam, arguing that it contravened Articles 14, 21 and 355 of the Constitution and sought to nullify the Supreme Court's earlier judgment in Sarbananda Sonowal …

SARBANANDA SONOWALversusUNION OF INDIA AND ANR.

2005 INSC 287

The Supreme Court examined a public‑interest writ petition challenging the constitutionality of the Illegal Migrants (Determination by Tribunals) Act, 1983 (IMDT Act) and its 1984 Rules, which were applicable only to Assam for detecting and deporting illegal migrants. The Court held that the Act and …

NAZIR KHAN AND ORS.versusSTATE OF DELHI

2003 INSC 414Directions issued

The case involved nine accused who conspired to kidnap foreign nationals in India to demand the release of jailed militants. The main conspirator, Umar Sheikh, escaped after an exchange of hijacked‑plane passengers, while six co‑accused were convicted under the Terrorist and Disruptive Activities …

K. CHANDRASEKHAR ETC.versusTHE STATE OF KERALA AND ORS.

1998 INSC 209Appeal(s) allowed

The Kerala Government, after initially consenting to CBI investigation of espionage cases under Section 6 of the Delhi Special Police Establishment Act, later withdrew that consent to allow State Police to conduct a "further investigation". The Supreme Court held that once the CBI, acting on the …

STATE OF ARUNACHAL PRADESHversusKHUDIRAM CHAKMA

1993 INSC 168Case Partly allowed

The Chakma refugees, who migrated from East Pakistan to Assam in 1964 and were later shifted to the North‑East Frontier Agency (now Arunachal Pradesh) in 1966, were allotted land under a government resettlement scheme but subsequently occupied land donated by a local Raja inside a protected …

MR. LOUIS DE RAEDT & ORS.versusUNION OF INDIA AND ORS.

1991 INSC 161Dismissed

The petitioners, foreign missionaries who had been residing in India since the pre‑Independence era on periodically renewed residential permits, were ordered to leave the country in July 1987. They contended that, having been ordinarily resident for more than five years immediately before the …