Mumbai: The Bombay High Court granted bail to a Bangladeshi woman accused of illegally entering India, citing violation of her fundamental rights due to her delayed production before a magistrate. The court noted that she was not produced within the mandatory 24-hour period after her arrest, which amounts to a breach of her constitutional rights under Articles 21 and 22.

Justice Milind Jadhav, on May 7, observed that the woman, Sabnam Suleman Ansari, a resident of Vashi, was arrested on January 28 at 12.30 pm along with her one-and-a-half-year-old son. However, she was presented before a magistrate only at 4.30 pm the next day—well beyond the 24-hour window.

“The production of Applicant thus beyond the permissible limit of 24 hours is in clear violation of fundamental rights guaranteed under Articles 21 and 22 of the Constitution of India,” Justice Jadhav stated. “Prima facie this is an unexplained breach of the mandate of Article 21 and sub-clause 2 of Article 22 of the Constitution of India.”

The judge came down heavily on the investigating officers, stating, “It is unfortunate that prosecution officers are indifferent to these elementary but statutory requirements regarding detention beyond 24 hours not being permissible unless the accused person is produced before the Magistrate.”

Ansari was arrested based on intelligence inputs that a foreigner had entered India illegally. During questioning, she admitted to travelling to India through an unauthorised route from Bangladesh as a child with her father, without valid travel documents. She was booked under Section 14(a) of the Foreigners Act, 1946 and Sections 3(a) and 6(a) of the Passport (Entry into India) Act, 1950 at APMC Police Station.

Her advocate, Shubham Upadhyay, argued that the delay in production violated Section 58 of the Bharatiya Nagarik Suraksha Sanhita, 2023. However, Additional Public Prosecutor Rishikesh Pethe relied on a division bench ruling from April 21, 2025, which had dismissed similar arguments.

Justice Jadhav, however, differed from the division bench and relied on the Supreme Court’s ruling which held that it is the duty of courts to grant bail if there is a violation of fundamental rights. Hence, the court granted bail to Ansari on a surety of Rs 5,000.