The Kerala High Court heard the writ petition filed before it; concerning the detention of two Nigerian nationals. In effect, the court directed the authorities of Viyyur Central Prison in the state to provide separate cells and A-Class facilities to the Nigerian nationals. The detainees violated the provisions of the Foreigners Act,1946. The Petitioner contended that foreigners cannot be kept in the same prison along with other prisoners. Being that, the Kerala High Court passed the interim order. The Bench consisted of Justice Anu Sivaram.
Contentions by the Petitioner
The petitioner referred to the Model Detention Centre manual formulated by the Central government in 2019. Accordingly, it was the obligation of the state to set up detention centres for foreigners outside the jail premises. Moreover, the manual also prescribes the minimum living standards for detention centres. Therefore, the Petitioner challenged the order passed by the Foreigners Regional Officer, Cochin. The order directed the detention in Viyyur Central Prison. Such detention violates the Right to life and Personal Liberty (Article 21) of the detainees. On the other hand, the Central government informed the court about the no-availability of the detention camps in the state of Kerala. Considering the circumstances, the court directed the authorities to shift the detainees to a separate cell.