Law Applicable To All Including Foreigners, Supreme Court Ruling States

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Law Applicable To All Including Foreigners Supreme Court Ruling States
Law Applicable To All Including Foreigners Supreme Court Ruling States

The Supreme Court has set aside the bail granted to a British national in an alleged murder case based on an order by the Punjab and Haryana High Court, stating that there was no reason for special consideration just because he was a foreigner.

The top court has also set aside the high court order which approved bail to two other co-accused in the 2015 murder case on the ground of parity.
Law Clear On Need For Equality

 

A bench of Justices N V Ramana and S A Nazeer noted that as per the prosecution, British national Resham Chand Kaler along with the co-accused had allegedly indulged in criminal activity.
The bench pointed out that Section 439 of CrPC (relating to grant of bail) was very clear that “every accused is the same irrespective of their nationality,” adding that no special consideration can be given because he is a foreigner.

Kaler had approached the trial court for bail but after his plea was rejected he approached the high court which allowed him the relief in 2016. The complainant subsequently challenged the high court’s order by filing an appeal in the Supreme Court .

The state supported the complainant’s plea arguing that bail granted to the accused was against the “established tenets” under the bail jurisprudence.

 

High Court Failed To Appreciate Legal Aspects

The bench stated that despite Kaler not being a citizen of the country, “the fact remains” that he along with others had indulged in the criminal activity.

It also observed that it was unfortunate that the high court had failed to appreciate the facts of the case with “prudent legal perception”.

 

Setting aside the high court order, the bench ordered the “concerned police authorities” to take the first respondent into custody immediately.

 

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