Case Law Analysis
|Delhi High Court
Section 5(2)(b) Foreigners Order | Bail Conditions Override Deportation Detention: Delhi HC Upholds Judicial Primacy Over Executive Powers
Delhi High Court ruled that foreign nationals granted bail in criminal trials cannot be detained in deportation centres under the Foreigners Order, 1948. The judgment reinforces that judicial orders for trial presence take precedence over executive deportation powers, setting a critical precedent for balancing immigration enforcement with due process rights.