Karnataka Reviews 365 Foreigners' Cases for Withdrawal and Deportation

The Karnataka Department of Prosecution in Bengaluru has begun reviewing the details of 365 foreign nationals facing criminal cases across the state to determine their eligibility for case withdrawal and subsequent deportation. The initiative follows a directive issued by the Union Ministry of Home Affairs.

According to the Home Department, foreign nationals accused of offences that carry a prison sentence of less than seven years are eligible for withdrawal of their cases and deportation to their respective home countries. However, Indian nationals involved alongside foreign nationals in criminal activities will not receive any exemptions, and their trials will continue before the courts.

Home Department records show that around 60 to 70 percent of the 365 foreign nationals face charges under the Narcotic Drugs and Psychotropic Substances (NDPS) Act. Other pending matters include 26 cases registered under the Foreigners Act, 14 cases of immoral trafficking, 14 theft cases, three sexual assault cases, two murder cases, two attempt to murder cases, two extortion cases, two cases under the Information Technology (IT) Act, and other offences.

The Prosecution Department will function as the nodal agency for withdrawing these criminal cases in coordination with the Home Department. It is tasked with maintaining records and ensuring the prompt disposal of matters.

Two separate committees have been formed to oversee the withdrawal process. A district-level screening committee will be led by the respective district magistrate and will include the Superintendent of Police, the Chief Public Prosecutor of the district, and the Public Prosecutor handling the specific case. A state-level screening committee will be headed by the Additional Chief Secretary or Principal Secretary (Home), alongside an Inspector General of Police-rank officer and officials from the Foreigners Regional Registration Office (FRRO).

Under the procedure, the government prosecutor handling a case can recommend its withdrawal to the Home Department through the Director of Prosecution. After securing approval from the screening committees, final permission to withdraw the case must be granted by the trial court.

The directive specifies that foreign nationals whose cases are withdrawn and who possess a valid passport and required home-country documentation must be deported within 15 days. Those without the required documentation will be taken into custody and housed in detention centres.