The Hindu : Tamil Nadu / Chennai News : Court declines to interfere with deportation of British nationals

Online edition of India's National Newspaper
Tuesday, Nov 21, 2006
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Tamil Nadu

Tamil Nadu - Chennai

Court declines to interfere with deportation of British nationals

Special Correspondent

Grants London-based couple six weeks' time to leave India

CHENNAI: The Madras High Court has declined to interfere with the deportation proceedings against two British nationals staying in Ooty on a business visa and has granted them six weeks' time to leave India.

Dismissing the writ appeals of Robinson Stuart and Jennifer Robinson, the First Bench comprising Chief Justice A.P. Shah and Justice K. Chandru said, "In the light of the provisions of the Foreigners Act as interpreted by the Supreme Court, it is clear that the Central Government has unfettered discretion to expel the foreigners."

The London-based couple first got a multiple entry visa for a period from October 2002 to April 2003. They were granted another visa from March 2003 to September 2003. Later, they got a business visa from July 2003 to January 2004. After its expiry, they got two extensions of a year each. In January 2006, the Government of India rejected their third application for a one-year extension of stay.

On September 20, 2006, the State Government directed deportation of the two. A writ petition against the order was dismissed by a single judge, who asked them to leave India in four weeks.

While senior counsel for the couple said they should be given an opportunity to submit their representation against their proposed expulsion, the Additional Solicitor-General of India said the Foreigners Act conferred absolute power on the Centre to expel foreigners in India.

The Bench pointed out that the Supreme Court has said the fundamental right of the foreigner is confined to Article 21 for life and liberty and does not include their right to reside and settle in the country.

In the present case, the business visa issued to them expired in April 2004, and they were allowed to continue in the country only because their applications for multiple entry permit were pending with the State Government. Now that the State rejected the applications there was no infirmity in the deportation order. The Bench, however, gave the couple six weeks' time to leave India.

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