Calcutta HC Upholds Fundamental Rights for Non-Citizen: Pakistani National Released Despite Completed Sentence

In a landmark ruling, the Calcutta High Court reaffirmed the applicability of Articles 14 and 21 of the Indian Constitution to individuals irrespective of their citizenship status. The court ordered the release of a Pakistani national who had completed his prison sentence but remained incarcerated, emphasizing the inherent human rights to equality and dignity enshrined in the Constitution.

Case Overview: The petitioner, a Pakistani national, had served a three-year sentence under the Foreigners Act and sought release from custody after completing his term. Despite the expiration of his sentence, he remained detained, prompting legal intervention.

Petitioner’s Argument: The petitioner sought to reintegrate into family life, emphasizing his desire to lead a dignified existence beyond prison walls.

Respondent’s Stand: The state contended that the petitioner, being a non-citizen, lacked the right to liberty enjoyed by Indian citizens. It cited pending deportation proceedings and the petitioner’s non-recognition as a Pakistani citizen by the embassy as reasons for his continued detention.

Court’s Ruling: The court rejected the state’s argument, asserting that Articles 14 and 21 extended to all individuals within Indian territory, regardless of citizenship. It emphasized that these rights were intrinsic to human dignity and could not be stripped away under any circumstances.

The court clarified that unlike Article 19, which is subject to reasonable restrictions for Indian citizens, Articles 14 and 21 are absolute and apply universally. Therefore, the petitioner, having served his sentence, was entitled to freedom and dignity, irrespective of his citizenship status.

Decision and Directives: The court ordered the petitioner’s immediate release, directing the Superintendent of the correctional facility to release him upon furnishing a nominal bond. The ruling underscored the court’s duty to safeguard fundamental rights, especially in cases where legal ambiguities jeopardize an individual’s liberty.

Case Details:

• Case Title: Monoyara Begum and Anr. vs. The State of West Bengal and Ors.
• Coram: Hon’ble Mr. Justice Sabyasachi Bhattacharyya
• Case No.: WPA No. 1323 of 2024
• Advocate for the Petitioner: Mr. Habibur Rahaman, Mr. Kapil Guha, Mr. Supriyo Ghosh
• Advocate for the Respondent: Sk. Md. Galib, Ms. Tanwishree Mukherjee

This verdict sets a significant precedent, reaffirming India’s commitment to upholding fundamental rights for all individuals within its jurisdiction, irrespective of nationality.

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