The Karnataka High Court has ordered the deportation of two Nigerian nationals who allegedly remained in India for more than a decade without valid visas.
The court directed the Foreigners Regional Registration Office to initiate deportation proceedings against Emeka Iwoba, also known as Austin Noso Iwoba, and Uderike Fidelis.
The order was issued on Thursday following legal proceedings surrounding their arrest and detention by authorities in Bengaluru.
Iwoba and Fidelis were apprehended in 2024 by the Bengaluru police over allegations of involvement in drug trafficking.
Authorities had accused the pair of peddling hard drugs, including Methylenedioxymethamphetamine (MDMA) and cocaine, within the city.
Following their arrest, the two Nigerians challenged the legality of their detention, arguing that Indian authorities failed to inform them of the grounds for their arrest at the time they were taken into custody.
Their legal team contended that the omission violated constitutional safeguards guaranteed under Indian law.
In its ruling, the Karnataka High Court ordered the release of the two men, stressing that constitutional rights must be respected regardless of nationality.
According to the court, the requirement for authorities to inform a suspect of the reasons for their arrest is not optional.
“It is a mandatory constitutional safeguard and not a procedural formality,” the court stated.
The court further emphasised that the protections enshrined under Article 22 of the Indian Constitution apply to every individual within the country’s jurisdiction.
“The constitutional protection under Article 22 extends to all persons within India, including foreign nationals, as it is not citizen-centric but person-centric,” the court said.
Although the court ordered their release, it directed immigration authorities to immediately begin the process of deporting the two Nigerians.
The court instructed the Foreigners Regional Registration Office to carry out the deportation in accordance with the Standard Operating Procedure for withdrawal of prosecution.
Officials are expected to complete the necessary documentation and coordinate with relevant diplomatic authorities to facilitate their removal from India
