Indian Court Refuses to Release Pakistani National Despite Acquittal in NIA Cases, Says Foreigners Act Restrictions Still Apply

India: The Karnataka High Court has dismissed a habeas corpus petition filed by a Pakistani national seeking immediate release from a detention centre and repatriation to Pakistan, ruling that his acquittal in cases registered by the National Investigation Agency (NIA) does not automatically entitle him to freedom in India.

The court held that the Pakistani citizen, identified as 32-year-old Muhammad Fahad alias Muhammad Koya, cannot be released as long as an order restricting his movement under the Foreigners Act, 1946, remains in force.

Fahad is currently lodged at a foreigners' detention centre in Sondikoppa, Nelamangala, in Bengaluru Rural district. He had been acquitted in the NIA cases on September 25, 2024, and the state's appeal against his acquittal was also dismissed. Consequently, no criminal proceedings remain pending against him in connection with those cases.

Following his acquittal, Fahad approached the Karnataka High Court through a habeas corpus petition, seeking his immediate release from detention and permission to return to Pakistan. He argued that since he had been acquitted in the criminal cases and no further criminal proceedings were pending against him, there was no justification for continuing to keep him in detention.

However, a division bench comprising Justice Anu Sivaraman and Justice K.S. Bharath rejected his plea, holding that his continued detention was governed by a separate legal order under the Foreigners Act.

The bench observed that an order restricting Fahad's movement under Section 3(2)(e) of the Foreigners Act, 1946, was still operative. It also noted that he did not possess a valid visa authorising his lawful stay in India.

The court made it clear that acquittal in criminal proceedings and the legal right of a foreign national to remain in India are two separate matters. Therefore, the conclusion of criminal proceedings does not automatically invalidate restrictions imposed by the authorities under immigration and foreigners-related laws.

The bench further indicated that if Fahad wished to challenge the restrictions imposed on his movement, he would have to initiate appropriate legal proceedings against the relevant order under the Foreigners Act.

Accordingly, the High Court dismissed the habeas corpus petition, declining to direct his immediate release or repatriation to Pakistan.

The ruling means that although Fahad has been acquitted in the NIA cases and the state's appeal has also failed, he will continue to remain at the foreigners' detention centre as long as the separate movement-restriction order remains in force.