INTRODUCTION
The Rajasthan High Court has made it very clear that human rights and constitutional protections are not limited to the nationality of individuals. The court highlighted that keeping a foreign national in jail for a longer period without completing their trial is a complete violation of Article 21 of the Indian Constitution. The judgment establishes that the right to fair, just and speedy trial belongs to every human being irrespective of their nationality or passport. The right to speedy trial has been reaffirmed in the landmark case of Hussainara Khatoon v. State of Bihar 1979 AIR 1369.
BACKGROUND
The case started with the arrest of two Bangladeshi nationals Nurul Islam and MD Ahsaanul Kobir, who were arrested by the Rajasthan police in April, 2024. They were accused of being involved in a major illegal kidney transplantation and human trafficking racket. Later both the individuals agreed to turn approvers that means they agreed to become state witnesses and testify against the principal accused in exchange for a pardon. However, even after their statements were recorded and the principal accused were granted bail, the two foreign nationals remain stuck behind bars in jail for over two years. Seeing no end to their trial and the slow progress of the system they approached Rajasthan High Court for relief.
KEY POINTS
- The court emphasized that Article 21 deliberately uses the word “any person” and not “any citizen”.Therefore it means that the right to live with dignity and personal liberty extends not only to the citizens of the country but also to the foreigners.
- A fair criminal trial must be speedy & the court noted that forcing anyone to stay in the prison for longer. While the state taking years to complete a trial breaks the basic rules of natural justice that have been explicitly provided in the case Hussainara Khatoon v. State of Bihar 1979 AIR 1369.
- The court found it unfair that the two foreign rational witnesses who agreed to become approvers were trapped in jail under worse conditions than the main accused individuals who had already been granted bail.
- The judgment reiterated Article 21 as a powerful and borderless provision. It ensures that the Indian state cannot use a person’s foreign status or nationality as an excuse to delay justice or ignore their basic human right.
RECENT DEVELOPMENT
The final judgment with regard to this petition was given on 21 May, 2026 in the case of Nurul Islam & Anr. v. State of Rajasthan S.B. Criminal Misc. (Petition) No. 2038/2026 by Justice Anoop Kumar Dhand. Observing that the chances of trial summing up soon were very weak, Justice Dhand, granted bail to both the Bangladeshi nationals. The court held that detention for a longer time without a trial was unconstitutional as per the standards of Article 21 of the Constitution. To balance public safety with the victims right the court ordered their release under specific conditions to ensure that they would not flee the country, demonstrating how courts can protect personal liberty while still respecting immigration laws
CONCLUSION
The Rajasthan High Court’s ruling serves as a major reminder on how international human rights should be protected within the Indian legal framework by declaring that Article 21 applies to foreign nationals also and they are also entitled to speedy trial. The judiciary has given a strong message that India’s constitutional morality and human dignity are above administrative frameworks. This judgment ensures that while accused individuals must face the law for their alleged crimes, they cannot be left to stay in prisons for the slow-moving legal system.
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WRITTEN BY: LISHIKA BATRA
