The Supreme Court has sought the response of the Centre, Delhi government and the National Legal Services Authority (Nalsa) on an NRI’s plea that those working abroad should not be subjected to stringent bail conditions such as a ban on foreign travel and steep monetary deposits.
The petitioner — Rocky Abraham, 62, who has been based in Italy for over 23 years — has also pleaded that the courts and the authorities allow the use of digital technology for verification of sureties at the time of grant of bail instead of physical verification, which prolongs jail stay even after bail has been granted.
“Issue notice, returnable on 15th September 2025. Let the National Legal Services Authority through Member Secretary be impleaded as Respondent No. 5 and notice be also issued to newly added respondent (Nalsa),” a bench of Justice Vikram Nath and Justice Sandeep Mehta said in an order.
The court passed the order after hearing advocate Wills Mathews, representing Abraham, who narrated his client’s ordeal in Tihar jail, including being made to clean toilets, after being arrested on the charge of possessing a deer horn in violation of the Wildlife Protection Act.
Abraham, a native of Kerala who takes care of centenarians in Italy, was detained at the Delhi domestic airport on January 16 after he arrived from the international terminal. He alleged that the charges against him were fabricated.
On January 22, a chief judicial magistrate granted him bail on conditions such as two sureties with a personal bond of ₹50,000 each and a ban on travelling abroad.
The petitioner submitted that despite being granted bail, he was formally released only after eight days as the authorities took time to verify the sureties, who lived in Kerala.
“In Tihar jail the petitioner was forced to wash the public toilet, thrice, on his injured knees. He had to live in unhygienic circumstances as he was unable to change his only dress and there was hardly any proper facility to use the basic sanitation. The petitioner was not able to have access to clean drinking water even when he underwent serious medical conditions,” the petition said.
It was only on August 11, seven months after his release on bail, that Abraham was allowed to travel abroad, that too “with very harsh conditions including a condition that the petitioner shall furnish ₹20 lakh FDR and muchmore which is beyond the capacity of the petitioner”, the petition said.
Abraham said such conditions, and his ordeal, went against the tenets of a fair trial and violated Article 21 (life and liberty).