Nagaland: The curious case of a Nigerian National and how it took SC to get him out of Dimapur jail
TNT Desk | September 26, 2018
In a case of human rights violation that has come up from Nagaland's capital city Dimapur, it has come to light that a Nigerian national has been languishing in Dimapur District Sub jail since September 2016 despite the fact that he had already served his imprisonment period for having been caught without a valid visa.
It all began in 2016 when Nweze Raymond Chinenyeuba, a citizen of Nigeria was found in Dimapur without a valid visa and was taken into custody by Dimapur police on September 9, 2016. Nweze claimed that his visa got stolen during his stay in Tamil Nadu and that he had a valid passport.
He was booked under Section 14 of the Foreigners Act for remaining in India without valid travel documents. Following this, he pleaded guilty in the trial before the Chief Judicial Magistrate. On May 25, 2017, the CJM sentenced him to imprisonment for period he already served in custody which was 8 months and 17 days. As per records, he should have been released immediately after May 25, 2017 and the CJM had also directed the District Magistrate and Commissioner of police, Dimapur to take urgent cognizance of the issue and ensure that he reached his embassy safely.
But despite the CJM's order, he remained within the premises of the prison without any access to legal aid.
Having come to know about his helplessness, one Solomon Shaikh aided him by moving representations oh Nweze's behalf before the Union Ministry of Home and External Affairs. Solomon also moved a Habeas Corpus petition in the apex court throwing light upon his illegal detainment despite CJM's order.
Finally, considering the petition earlier this month, the bench of Chief Justice DipakMisra, Justice AM Khanwilkar and Justice DY Chandrachud have directed the ministry to consider his representation within a period of four weeks.
The detailed order and petition can be read here: Livelaw.in