New Delhi: Worried about foreigners accused in NDPS cases securing release under the ‘bail not jail’ principle only to disappear, Supreme Court is exploring the creation of licensed professional bail bondsmen, who would stand surety for non-citizens and ensure their availability during trial.
Dealing with an NDPS case where a foreign national, Chidiebere Kingsley Nawchara, secured bail and then went on the run, a bench of Justices Sanjay Karol and A G Masih asked amicus curiae and senior advocate Sidharth Luthra to suggest a mechanism through which the availability of a non-citizen to face trial would be ensured even if s/he secures bail because of long incarceration.
Luthra and his associate advocates, Sheeza Hashmi and Mihir Joshi, prepared a draft ‘Professional Bail Bondsmen (Regulation) Rules’ based on suggestions by department of revenue intelligence (DRI) and submitted it to the court. It has been uploaded on the SC website and suggestions have been invited from the public and domain experts.
“These guidelines are only applicable for the grant of bail by the trial court/appellate court to foreign nationals and non-citizens who are being prosecuted for offences under NDPS in relation to commercial quantity,” the amicus curiae said.
Under the proposed rules, individuals or business entities could get licences to become professional bail bondsmen. “A bail bondsman business entity shall not execute any bail bond except through a duly licensed individual bail bondsman,” it said.
These rules disqualify police officers, prison officers, judicial officers, prosecutors, court staff; persons exercising control over prisoners, advocates and their employees, and persons with previous convictions from becoming bail bondsmen.
The rules cast an obligation on bail bondsmen to ensure appearance of the accused before the trial court, comply with bail conditions, and promptly inform the court and the investigating agency of any apprehended breach of these conditions.
The rules propose that the court granting bail to a foreign national in a drug case impose conditions of deposit of passport, territorial travel restrictions and periodic reporting. To keep track of the foreigners released on bail in NDPS cases, the amicus said, “The court or authority may direct coordination with the Bureau of Immigration, FRRO, ministry of home affairs or ministry of external affairs.”
