
The Supreme Court has ruled that the right to life and liberty under Article 21 of the Constitution applies to foreign nationals.
A Bench of Justices JB Pardiwala and KV Viswanathan provided relief to a Ugandan woman languishing in Tihar Jail because she could not furnish a solvent surety despite being granted bail in an NDPS case.
The Court held that financial constraints must not obstruct the release of an accused once a case for bail is established.
Consequently, the Court allowed her release on a personal bond of ₹25,000, directing that she be moved to a detention center pending trial.
[The Customs v. Faridah Nakanwagi]
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