The Supreme Court has expressed strong disapproval of the ‘hasty and ill-advised’ detentions of international travelers at airports across India. The court warned that such actions are tarnishing the country’s global reputation and infringing upon fundamental human rights guarantees.
A bench comprising justices Vikram Nath and Sandeep Mehta highlighted the “imminent need to sensitize agencies handling affairs at international airports.” The court stressed that officials should refrain from detaining or arresting individuals without clear legal justification, advocating for appropriate legal consultation and a pragmatic approach before taking drastic measures.
The Supreme Court pointed out that these impulsive actions not only bring disrepute to India internationally but also violate human rights. The court cited an instance at Jaipur airport where a passenger’s pre-owned watch was seized on suspicion of being luxury contraband, only to be later found lawful.
These observations were made as the court quashed the arrest and prosecution of Rocky Abraham, an Indian citizen residing in Italy for over two decades. Abraham was detained at Delhi’s Indira Gandhi International Airport on January 16, 2025, after being accused of carrying a deer horn, which was claimed to be a violation of the Wildlife (Protection) Act, 1972.
Despite being granted bail with stringent conditions, Abraham faced significant hardship, including the risk of losing his job in Italy due to prolonged detention. However, a forensic report from the Wildlife Institute of India later confirmed the seized item to be a reindeer horn, a species not protected under Indian wildlife law, confirming no offense was committed.
The Supreme Court, invoking its extraordinary powers, declared Abraham’s arrest and the FIR “unlawful,” deeming further prosecution a “gross abuse of the process of law” and a “grave miscarriage of justice.” The court also allowed Abraham to pursue damages for the ordeal he endured.
The bench acknowledged concerns raised by the National Legal Services Authority (NALSA) regarding undertrials facing difficulties in meeting bail conditions. While deferring broader discussions on that issue, the court reiterated the urgent need for reforms within airport agencies to prevent such miscarriages of justice.