Officer Held Accountable for Illegal Detention of NRI Businessman

Key Takeaways

• Karnataka SHRC found ACP Mary Shailaja negligent in detaining UK-based NRI businessman Krishnaprasad in 2019.
• Krishnaprasad was wrongfully detained due to outdated Look Out Circular not updated after a 2022 High Court stay order.
• SHRC awarded Krishnaprasad Rs 2 lakh compensation for illegal detention and humiliation he suffered.

A senior police officer in India has been held responsible for the illegal detention of a Non-Resident Indian (NRI) businessman, marking a significant development in the country’s approach to protecting the rights of foreign nationals and NRIs. On June 30, 2025, the Karnataka State Human Rights Commission (SHRC) found Assistant Commissioner of Police (ACP) Mary Shailaja guilty of negligence that led to the wrongful detention of Krishnaprasad, a UK-based businessman, at an Indian airport in 2019. This case has sparked widespread discussion about the need for better communication, accountability, and respect for judicial orders in immigration and law enforcement processes.

What Happened: The Detention of Krishnaprasad

On February 19, 2019, Krishnaprasad, who lives and works in the United Kingdom 🇬🇧, arrived at an airport in India. He was stopped by immigration authorities who flagged his entry based on a Look Out Circular (LOC) issued in 2019. An LOC is a notice used by Indian authorities to prevent certain individuals from leaving or entering the country, usually because they are wanted in a police case. However, in Krishnaprasad’s situation, the LOC was outdated and linked to a case from 2016.

Despite Krishnaprasad having a High Court stay order from 2022 that should have protected him from arrest or detention, the authorities did not update their records. Instead, an email from ACP Mary Shailaja’s official account falsely stated that Krishnaprasad was still “wanted” and should be arrested. Acting on this incorrect information, a police team was sent to the airport. Krishnaprasad was detained, verbally abused, and humiliated by officers, even after he showed them the court order. His family was told to arrange air tickets to bring him to Bengaluru, and he was held for 34 hours before being released with instructions to report to the police station the next day.

Why Did This Happen? Lapses in Communication and Procedure

The wrongful detention of Krishnaprasad highlights several serious problems in how Indian authorities handle LOCs and court orders:

• Failure to Update Records: The LOC against Krishnaprasad was not removed or updated even after the High Court issued a stay order in 2022.
• Miscommunication: Immigration authorities relied on outdated information and did not verify the current legal status before detaining him.
• Negligence by Police: ACP Mary Shailaja sent an email confirming that Krishnaprasad was still wanted, even though this was not true.
• Lack of Respect for Judicial Orders: Officers ignored the court order shown by Krishnaprasad and proceeded with his detention.

These failures led to the illegal detention of an NRI, causing emotional distress and raising questions about the safety and rights of foreign nationals and NRIs traveling to India.

Official Findings: SHRC Holds Officer Accountable

After a detailed investigation, the Karnataka SHRC found ACP Mary Shailaja responsible for negligence. The commission’s report stated that her actions directly led to the illegal detention and abuse of Krishnaprasad. As a result, the SHRC ordered that Krishnaprasad be paid compensation of Rs 2 lakh (about USD 2,400) for the wrongful detention and the humiliation he suffered.

The SHRC’s decision is important for several reasons:

• Accountability: It shows that officers can be held responsible for mistakes or negligence that harm individuals.
• Compensation for Victims: The order for compensation sets a precedent for other victims of illegal detention to seek similar redress.
• Emphasis on Human Rights: The commission’s findings stress the importance of respecting the rights of all individuals, including NRIs and foreign nationals, during immigration checks.

The Role of Look Out Circulars (LOCs) in Immigration

A Look Out Circular (LOC) is a tool used by Indian authorities to monitor and control the movement of people who are wanted in criminal cases or are under investigation. When an LOC is issued, immigration officers at airports and border crossings are alerted to stop the individual if they try to enter or leave the country.

However, LOCs must be updated regularly to reflect changes in a person’s legal status. If a court issues a stay order or clears someone of charges, the LOC should be removed or updated immediately. Failure to do so can lead to wrongful detentions, as happened in Krishnaprasad’s case.

For more information about Look Out Circulars and immigration procedures in India, readers can visit the Bureau of Immigration, Government of India.

Impact on NRIs and Foreign Nationals

This case has caused concern among NRIs and foreign nationals who travel to India for business, family visits, or tourism. Many worry that outdated records or miscommunication between authorities could put them at risk of wrongful detention, even if they have done nothing wrong.

Key Concerns for NRIs and Foreign Nationals

• Risk of Wrongful Detention: Outdated LOCs or failure to update court orders can lead to innocent people being stopped and detained at airports.
• Emotional and Financial Stress: Detention can cause distress, embarrassment, and financial loss, especially if it leads to missed flights or business opportunities.
• Damage to Reputation: Being detained or accused of a crime, even wrongly, can harm a person’s reputation and relationships.

As reported by VisaVerge.com, cases like this highlight the urgent need for better systems to protect the rights of NRIs and foreign nationals during immigration checks.

Policy and Practical Implications

The SHRC’s ruling in the case of Mary Shailaja and Krishnaprasad has several important implications for policy and practice in India:

Need for Timely Updates and Communication

• Updating LOCs: Authorities must ensure that LOCs are updated immediately when a court order changes a person’s legal status.
• Better Communication: Police, immigration, and judicial authorities need to share information quickly and accurately to prevent mistakes.
• Digital Tracking: Legal experts suggest using digital systems that allow real-time updates of LOCs and court orders, reducing the risk of outdated information leading to wrongful detentions.

Stricter Accountability for Officers

• Clear Responsibility: Officers handling LOCs and immigration cases should be held accountable for mistakes or negligence.
• Training and Sensitization: Police and immigration officers should receive regular training on respecting judicial orders and protecting the rights of travelers.

Precedent for Compensation

• Victims’ Rights: The compensation awarded to Krishnaprasad sets an example for other victims to seek justice and compensation for illegal detention or police negligence.
• Legal Recourse: Individuals who believe they have been wrongfully detained can approach human rights commissions or courts for help.

Expert and Stakeholder Perspectives

Human Rights Advocates

Human rights groups have welcomed the SHRC’s decision, saying that negligence by police and immigration authorities violates basic rights and damages India’s image as a safe place for NRIs and foreign investors. They argue that protecting the rights of all travelers is essential for building trust and encouraging investment.

Legal Experts

Legal professionals point out that the case shows the need for better systems to track and update LOCs and court orders. They recommend:

• Centralized Databases: Creating a single, secure database accessible to all enforcement agencies to prevent outdated or incorrect information from being used.
• Real-Time Updates: Using technology to ensure that changes in legal status are reflected immediately in all relevant systems.

Immigration Authorities

Immigration officials are being urged to work more closely with police and the judiciary to ensure that legal stays and orders are respected. This includes verifying the current status of LOCs and court orders before detaining anyone.

Future Outlook: What Changes Might Happen Next?

The SHRC’s decision in the case of Mary Shailaja and Krishnaprasad is likely to lead to changes in how LOCs and detentions are handled in India. Possible developments include:

Policy Reforms

• Stricter Verification Protocols: New rules may require officers to double-check the status of LOCs and court orders before detaining NRIs or foreign nationals.
• Mandatory Training: Police and immigration officers may receive more training on handling immigration cases and respecting judicial orders.
• Centralized Information Systems: The government may set up a centralized database for LOCs and court orders, making it easier for all agencies to access up-to-date information.

Increased Awareness and Support

• NRI Welfare Groups: Organizations that support NRIs are likely to increase efforts to educate travelers about their rights and how to protect themselves from wrongful detention.
• Legal Aid: More legal aid organizations may offer help to those who face problems with immigration or police authorities.

Review by Other States

• State-Level Changes: Other states in India may review their own procedures for handling LOCs and detentions, learning from the Karnataka SHRC’s findings.

What Should You Do If You Face Illegal Detention?

If you or someone you know is detained at an Indian airport or border crossing, especially due to an LOC or police case, here are some steps to follow:

1. Show All Relevant Documents: Present any court orders, stay orders, or legal documents that prove your current legal status.
2. Ask for Written Reasons: Request a written explanation for your detention and the specific reason you are being held.
3. Contact Human Rights Commissions: Reach out to the State Human Rights Commission or the National Human Rights Commission of India for help. You can find contact details and complaint forms on their official websites.
4. Seek Legal Help: Contact a lawyer or legal aid organization experienced in immigration and human rights cases.
5. Inform Your Embassy: If you are a foreign national, inform your country’s embassy or consulate in India for assistance.

Resources for Affected Individuals

• Karnataka State Human Rights Commission: Offers help for complaints about illegal detention or police misconduct. Visit their official website for more information.
• National Human Rights Commission of India: Handles complaints at the national level. More details are available on the NHRC official site.
• Legal Aid Organizations: Many groups provide free or low-cost legal help to NRIs and foreign nationals facing immigration or police issues.
• NRI Welfare Groups: These organizations offer support, advice, and advocacy for NRIs and their families.

Conclusion: Lessons from the Case of Mary Shailaja and Krishnaprasad

The case involving ACP Mary Shailaja and the illegal detention of Krishnaprasad is a wake-up call for Indian authorities. It shows how simple mistakes or negligence can have serious consequences for individuals, especially NRIs and foreign nationals who may not be familiar with local procedures. The Karnataka SHRC’s decision to hold an officer accountable and award compensation is a positive step toward protecting the rights of all travelers.

Moving forward, it is essential for police, immigration, and judicial authorities to work together, update records promptly, and respect court orders. By doing so, they can prevent wrongful detentions, protect India’s reputation, and ensure that everyone—regardless of nationality—receives fair and respectful treatment at the country’s borders.

If you are an NRI or foreign national planning to travel to India, stay informed about your rights, keep all legal documents handy, and know where to seek help if needed. For more information on immigration procedures and your rights, visit the Bureau of Immigration, Government of India.

By learning from cases like that of Mary Shailaja and Krishnaprasad, India can build a safer, more just system for all travelers and set an example for other countries to follow.

Learn Today

Look Out Circular (LOC) → A notice used by Indian authorities to prevent entry or exit of individuals linked to criminal cases.
High Court Stay Order → A legal order that temporarily halts actions like arrest or detention pending further judicial review.
Non-Resident Indian (NRI) → An Indian citizen living abroad who visits or returns to India periodically.
Karnataka State Human Rights Commission (SHRC) → A governmental body investigating human rights violations in Karnataka state, India.
Negligence → Failure to exercise proper care or caution leading to wrongful actions or harm.

This Article in a Nutshell

In 2019, UK businessman Krishnaprasad was illegally detained in India due to outdated police records. The Karnataka SHRC ruled ACP Mary Shailaja negligent and awarded compensation. This case highlights the urgent need for accurate immigration data and respect for judicial orders to protect foreign nationals and NRIs.
— By VisaVerge.com