In a stern message to enforcement and airport authorities, the Supreme Court has warned against the arbitrary detention or arrest of international travellers, stressing that such actions must follow sound legal advice and a pragmatic approach. The Court observed that impulsive arrests at airports could harm India’s global image and infringe upon human rights.

A Bench comprising Justice Vikram Nath and Justice Sandeep Mehta made these observations while quashing the arrest and criminal proceedings against Rocky Abraham, an Indian-origin resident of Italy for over 20 years, who was detained at Delhi Airport in January 2025 for allegedly carrying a deer horn in violation of the Wildlife (Protection) Act, 1972.

Abraham had flown from Italy to Kochi via Delhi for a vacation and medical treatment when authorities found the horn in his baggage. He was booked under Sections 39, 49, and 51 of the Act and jailed for nearly two weeks before being granted bail with strict conditions, including a travel ban.

Subsequently, a forensic report from the Wildlife Institute of India confirmed that the seized item was a reindeer horn — a species not listed under any schedule of the Act. Despite this finding, proceedings dragged on before the Delhi High Court, prompting the petitioner to approach the Supreme Court under Article 32.

Exercising powers under Articles 136 and 142 of the Constitution, the Court quashed the FIR and termed the prosecution “manifestly illegal and unjust.” It held that allowing the case to continue would amount to a “gross abuse of process.”

Appearing for the Union, ASG Aishwarya Bhati accepted that, in light of the forensic findings, no prosecution was warranted and the police would file a closure report.

Need for greater awareness among airport officers

Expressing dismay at arbitrary detentions, the Bench directed that “officers handling affairs at international airports must be sensitised to the prevailing laws before resorting to detention or arrest.” The Court stated that such steps should never be taken hastily and must be backed by legal advice and a practical assessment.

The judges referred to a recent Jaipur Airport incident where an 80-year-old traveller from Dubai was wrongfully detained and his Rolex watch seized as a “luxury item,” though it was later found to be lawfully possessed. The Court remarked that such incidents “bring disrepute to the country and reflect poorly on its human rights record.”

Declaring Abraham’s arrest and FIR illegal, the Supreme Court quashed all connected proceedings and allowed him to seek compensation before the appropriate forum.

The Court had also impleaded NALSA to examine the issue of burdensome bail conditions. Since the matter is already under consideration in In Re: Policy Strategy for Grant of Bail, SMWP (Criminal) No. 4 of 2021, the Bench refrained from addressing it here.

For the petitioner(s): Mr. Wills Mathews, Ms. S. Soorya Gayathry, Ms. Anila Tharakan Thomas, Mr. Subham Vashishth, Mr. Rakesh Garg, Mr. Ashish Gopal Garg, and Ms. Shweta Garg, AOR.

For the respondents: ASG Aishwarya Bhati for the Union; Adv. Rashmi Nandakumar for NALSA.

Case: Rocky Abraham v. Union of India, W.P. (Crl.) No. 331/2025