Judgment allows application for compounding offences via counsel or email, facilitating discharge from charges.
In a landmark decision, the Kerala High Court, presided over by Justice G. Girish, has allowed an Afghan national, Ahmad Nasir Osmani, to expedite the compounding of offences under the Immigration and Foreigners Act, 2025. The court's judgment provides clarity and relief for individuals seeking to resolve legal matters related to immigration offences without a prescribed statutory form.
Ahmad Nasir Osmani, represented by Advocate Kum. Niharika Hema Raj, filed a writ petition seeking the acceptance of his compounding application in any written form, including through counsel, signed representation, or email. The case revolves around the absence of a prescribed statutory form for compounding applications under Section 25 of the Immigration and Foreigners Act, 2025.
The court acknowledged the petitioner's plea, noting that despite the lack of a formal application form, the petitioner could submit a compounding application through alternative means. The judgment emphasized the necessity for the respondent authorities to expedite the proceedings, mandating that the benefits of Section 25 be extended to the petitioner within two weeks of receiving the application.
The Deputy Solicitor General of India, representing the State of Kerala, assured the court that the benefits of Section 25, which allows for the compounding of offences, are applicable to the petitioner. However, the petitioner is required to comply with certain conditions, including the payment specified in the Ministry of Home Affairs notification.
The court further directed that upon receiving notice of the compounding from the competent authority, the jurisdictional Magistrate must discharge the petitioner from the offence, in accordance with Section 25(5). The judgment also stressed the importance of the petitioner fulfilling legal and travel document requirements to facilitate his discharge.
This decision is a significant step in addressing the procedural challenges faced by foreign nationals dealing with immigration offences in India. By allowing applications through counsel or email, the court has simplified the process, thereby reducing the bureaucratic hurdles for individuals seeking legal resolution.
Bottom line:-
Immigration and Foreigners Act, 2025 - Compounding of offences under Section 25 - Application for compounding can be submitted through counsel, signed representation, or email, even in the absence of a prescribed statutory form.
Statutory provision(s): Immigration and Foreigners Act, 2025, Section 25, Section 25(5).
Ahmad Nasir Osmani v. State of Kerala, (Kerala) : Law Finder Doc id # 2926552
