Delhi HC dismisses petition seeking direction to deport detained overstayed foreigners
Oct 28, 2021
New Delhi [India], October 28 : The Delhi High Court on Thursday slapped a fine of Rs 25,000 upon the petitioner and dismissed a petition seeking direction to deport those foreign nationals, who have been detained and are in custody for the sole reason of overstaying, to their respective countries.
A Division Bench of Chief Justice DN Patel and Justice Jyoti Singh imposed a fine of Rs 25,000 against the petitioner, WE ARE SAATH, a Non-Government Organization (NGO).
The petitioner has filed the Public Interest Litigation (PIL) seeking direction to the respondents to deport to their respective Countries all such foreign nationals who have been detained and are in custody for the sole reason of overstaying within the territory of India beyond the period of expiration of their respective visas and who have neither committed any other offences within the territory of India nor are a threat to the National Sovereignty, Integrity or Security of India.
The detention of an individual for the correctional purpose shall be served and fulfilled for those who are of Indian origin and who return to Indian society with change but here no purpose is served for those who are foreign nationals, the petitioner said.
The Court observed that the petition is not a PIL at all and the plea has been moved with a motive to give benefit to someone.
The Court clarified that if foreign nationals have committed any crime or violated any Indian law must face the FIR under IPC.
WE ARE SAATH- an NGO claimed that it is involved in aiding and assisting the socially, educationally, financially and/or otherwise marginalized and disadvantaged sections of the Indian society
The Petitioner said that it was approached by a friend of one Laye Sane alias Steve Egbo- a Nigerian citizen and a letter was received from Osahon Omorogbe from jail, where both were seeking deportation of Egbo and Osahon Omorogbe, who were taken into custody on 19 May 2019, and 1 March 2020, respectively, for the sole reason that Egbo and Osahon continued to reside in India beyond the period of expiration of his Visa. Pertinently, there are numerous other similarly placed foreign Nationals of different countries, who have been detained and continue to be in unwarranted and uninterrupted custody merely for over-staying within the territory of India, the petitioner claimed.
In its prayer, the petitioner sought various reliefs including one that to deport Steve Egbo and Osahon, citizens of Nigeria. The petitioner also sought to frame guidelines to deport all such foreign nationals.
