IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT: THE HONOURABLE MR. JUSTICE S. SIRI JAGAN WEDNESDAY, THE 22ND DAY OF FEBRUARY 2012/3RD PHALGUNA 1933 W.P.(C).No. 14109 of 2011 (K) PETITIONER:
RESPONDENTS: 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, HOME MINISTRY, SECRETARIAT, TRIVANDRUM. 2. THE FOREIGNERS' REGISTRATION OFFICER, UNDER THE FOREIGNERS' REGISTRATION ACT AND RULES, KOZHIKODE DISTRICT. CITY POLICE COMMISSIONER, KOZHIKODE - 673 001. 3. SUPERINTENDENT OF POLICE (SSB), SPECIAL BRANCH POLICE, CIVIL STATION, KOZHIKODE - 673 020. 4. ASST. SUPERINTENDENT OF POLICE (SB), SPECIAL BRANCH POLICE, CPO COMPOUND, KOZHIKODE - 673 001. 5. UNION OF INDIA, REPRESENTED BY SECRETARY TO GOVERNMENT OF INDIA, (MHA) MINISTRY OF HOME AFFAIRS, (FOREIGNERS' DIVISION), VISA FACILITATION CENTRE, JAISALMER HOUSE, MAN SINGH ROAD, NEW DELHI. R 1-4 BY GOVERNMENT PLEADER SRI. MOHAMMED SHAH R5 BY SRI. P. PARAMESWARAN NAIR, ASG OF INDIA SRI. P.P. PADMALAYAN, C.G.C THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22-02-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS:- EXT. P1 - COPY OF THE RESUME OF THE PETITIONER GIVING DETAILS ABOUT HER LIFE AND WORK. EXT. P2 - COPY OF WP(C) NO:8641/2011, MEMORANDUM OF WRIT ACCOMPANIED BY P1 TO P8 THEREIN. EXT. P3 - COPY OF JUDGMENT DATED 24/03/2011 OF THIS HON'BLE COURT IN WP(C) NO: 8641/2011. EXT. P4 - COPY OF FURTHER ORDER DATED 11/04/2011 CORRECTING THE WRONGLY SHOWN DATE IN EXHIBIT P3 JUDGMENT. EXT. P5 - COPY OF PETITIONER'S COUNSEL'S LETTER DATED 29/03/2011 INTIMATING (ENCLOSING) EXHIBIT P3 JUDGMENT TO THE COMMISSIONER OF POLICE, CALICUT CITY AND SUPERINTENDENT OF POLICE (SSB), SPECIAL BRANCH, CIVIL STATION KOZHIKODE TOGETHER WITH TRUE COPY OF ACKNOWLEDGMENT CARDS SHOWING SERVICE ON THE FORMER 31/03/2011 AND ON THE LATTE ON 02/04/2011. EXT. P6 - COPY OF APPLICATION FORM FOR VISA RELATED SERVICES TOGETHER WITH COVERING LETTER AND COPY OF JUDGMENT IN WP(C) 8641/2011 SEEKING VISA EXTENSION AND REGULARIZATION OF OVERSTAYAL SUBMITTED TO THE MHA, GOI, DELHI THROUGH THE 3RD RESPONDENT AND DIRECTLY. EXT. P7 - COPY OF THE NOTICE DATED 22/04/2011 OF PERSONAL HEARING FIXED ON 25/04/2011 ISSUED TO THE PETITIONER BY THE 4TH RESPONDENT. EXT. P8 - COPY OF SWORN SOLEMN AFFIDAVIT DATED 25/04/2011 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT TOGETHER WITH ENCLOSURES 1 TO 4. EXT. P9 - COPY OF ORDER NO:D3/49409/10 DATED 13/05/2011 PASSED BY THE SECOND RESPONDENT, FRO, CITY POLICE COMMISSIONER, CALICUT REFUSING REGISTRATION TO THE PETITIONER. EXT. P10 - COPY OF E-MAIL PRINTOUT OF LETTER DATED 18/05/2011 BY MR. RICHARD JOHNSON, RETIRED SENIOR EDITOR OF HARPER AND COLLINS PUBLISHERS, LONDON, UK. EXT. P11 - COPY OF E-MAIL LETTER BY JOHN DUGARD, PROFESSOR OF LAW UNIVERSITY OF PRETORIA, MEMBER OF UN INTERNATIONAL LAW COMMISSION TO THE PETITIONER. EXT. P12 - COPY OF THE LETTER DATED 21/05/2011 FROM THE MD, EDUCATIONAL BOOK SHOP, JERUSALEM. EXT. P13 - COPY OF E-MAIL PRINTOUT OF CORRESPONDENCE BETWEEN SURESH (DR. SURESH KUMAR, DIRECTOR, INSTITUTE OF PALIATIVE MEDICINE, CALICUT) AND DIANA, TRUSTEE, JEPHCOTT CHARITABLE TRUST. EXT. P14 - SPECIMEN INVITATION CARD ISSUED BY THE GOVERNMENT OF KERALA, INSTITUTE OF PARLIAMENTARY AFFAIRS WITH REGARD TO PUBLIC LECTURE BY THE PETITIONER ON "PALESTINE: THE CONTINUING AGONY". EXT. P15 - COPY OF THE HAND BILL IN CONNECTION WITH THE 5TH ANNIVERSARY CELEBRATION OF "OTHER BOOKS". EXT. P16 - COPY OF THE E-MAIL CORRESPONDENCE BETWEEN THE PETITIONER AND MANAGER, 'OTHER BOOKS'. RESPONDENTS' EXHIBITS:- NIL //TRUE COPY// P.A. TO JUDGE. SP S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No.14109 of 2011 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 22nd day of February, 2012 Head Note:- Constitution of India, 1950 - Article 226 - Jewish couple from Israel - Violation of Visa norms - India is now in a vulnerable state of affairs. Foreigners are trying to make disturbances in various parts of the country, instances of which are many. Even very recently such situation arose. Therefore the continued residence of foreigners in India should be viewed with the seriousness it requires and the activities of such foreigners have to be scrutinized scrupulously. J U D G M E N T The petitioner is an Israeli National born in U.K. She came to India on 14.10.2010 and has been in India ever since. The District Police Chief, Kozhikode City, passed Ext.P9 order dated 13.5.2011 directing the petitioner to leave India for the reasons stated therein. The petitioner is challenging that order on various grounds. The petitioner seeks the following reliefs: "A WRIT OF CERTIORARI quashing the Exhibit P 9 order dated 13th May 2011 passed by the 2nd respondent Foreigners' Registration Officer, City Police commissioner, Kozhikode/Calicut City, refusing to Register the petitioner as a Foreigner come to India; B WRIT OF MANDAMUS directing respondents to facilitate continued residence of the petitioner a Foreign National at Calicut in India, subject of course to provisions of the Registration of Foreigners Act and Rules 1992 etc." 2. This writ petition was filed on 24.5.2011. Ever since then the counsel for the petitioner has been seeking adjournment of this case. In fact at the request of the counsel for the petitioner this writ petition was adjourned for admission 12 times. 3. When the matter was taken up today, today also the counsel for the petitioner seeks time. I am not inclined to adjourn the writ petition any further. Therefore, I have considered the writ petition for admission. I am surprised that even though there is no interim order in this writ petition, the respondents have not chosen to take steps to implement Ext.P9. Probably that may have been the intention of the petitioner also in seeking adjournment to keep the writ petition alive so as to prevent the respondents from deporting the petitioner. 4. Ext.P9 reads thus: "The Hon'ble High court of Kerala vide reference read as 1st paper above as directed the 4th respondent i.e. District Police Chief & FRO, Kozhikode City to consider and pass orders on the representation of Mrs. Susan Nathan, Israel national vide reference read as 2nd paper above for cancelling the order vide reference read as 3rd paper above and for appropriate orders on the petition for the registration of the foreigner under Foreigners Act. I have considered the representation and allied matters for considering the registration of Mrs. Susan Nathan under the Foreigners Act 1946 and Registration of Foreigners Act 1939 and Rule 1939. The registration of the foreigners is done after conducting an enquiry by the Special Branch and subject to nothing adverse and no local objection and for fulfillment of purpose of visiting India. Mrs. Susan Nathan possesses two Passports 1) Israel Passport No: 13531724 dated 22/04/2009 valid till 21/04/2019 and 2) British passport No. 705100967 valid upto 29/09/14. Mrs. Nathan previously arrived in India using the British passport. Now she has arrived in India on 14/10/10 using her Israeli passport through Mumbai Airport on the strength of 'X' type visa No. AN681615 with validity upto 16/03/11 which is issued to foreigners of Indian origin, or spouse and children of a foreigner of Indian origin or Indian citizen or spouse and dependent children a foreigner coming to India on any other long term visa, such as employment visa or business visa or people who did not clearly fall in to any other categories of visa such as volunteers etc. as per Circular No. 386 dtd. 30/06/2010 reference No. 25022/22/2008 F-1 (Part 3) of MHA Foreigners Division. She arrived in India for doing voluntary service to teach as honorary faculty in the Institute of Palliate Medicine at Medical College, Kozhikode. Mrs. Susan Nathan submitted an arrival report in this office on 5/10/2010 for registration. The reason shown by her in the Registration Report was to work with the Institute of Palliative Medicine Kozhikode at Medical College for training of junior doctors and nurses. The Registration Report was got enquired into by Asst. Commissioner of Police, Special Branch and it was reported that she is not working with the Institute of Palliative Medicine and it was also reported that she was staying here for the publication of the Malayalam version of a book written by her on Israel. This book is a full fledged criticism against activists of Israel. This Malayalam version is published by her in association with other Books in Kerala. The report also states that she has been in touch with former activists of banned organizations. It was reported that her activities are highly suspicious, and therefore request for registration was not recommended by the Enquiry Officer. Hence a Quit Notice was issued in this office on 8/01/2011. As directed by the Hon'ble High Court of Kerala, a personal hearing was granted to the foreigner. As such the foreigner, appeared before the Asst. Commissioner of Police, Special Branch on 25/04/2011. The detailed enquiry against the foreigner reveals that an LOC is pending against her in the Israeli passport vide LOC reference No.2022/28/2011F-V dated 21/2/11 of MHA New Delhi. Her purpose of stay in Kozhikode does not seem to be the purpose she has claimed and she is seen to have indulged in other activities such as writing book articles in periodicals/and has associated with elements that, all of which she had not cared to disclose initially. She had also not turned up for voluntary works at Institute of Palliative Medicine, Medical College as promised. Foreigner who has obtained 'X' Visa to India can be given extension to stay in India and there is no need to leave India every six months as in the case of other visas (Chapter 18 of Circular 380 reference No. 25022/22/2008 F Part I dt. 30/04/2010 of MHA). A foreigner who has came to India on the strength of a particular visa should perform activities as stated in the Visa, failing which it will be violation of visa conditions. In her sworn statement dtd. 25/04/2011 for stay in India, she states that her purpose for further stay in India is for treatment and to write books etc. Hence, it is revealed that she has violated her visa condition. Special Branch report also indicates that she has indulged in other suspicious activities. The Petitioner has not submitted application for extension of stay in India so far to this office and does not have a reasonable ground to stay in India after expiry of Visa. Hence the representation of Mrs. Susan Nathan, Israeli national vide reference read as 2nd paper above is hereby rejected." I am of opinion that the same contains more than enough reasons to direct the petitioner to quit the country. I am of opinion that India is now in a vulnerable state of affairs. Foreigners are trying to make disturbances in various parts of the country, instances of which are many. Even very recently such situation arose. Therefore the continued residence of foreigners in India should be viewed with the seriousness it requires and the activities of such foreigners have to be scrutinized scrupulously. Insofar as the reasons stated in Ext.P9 are more than sufficient to direct the petitioner to quit India, I do not any find any merit in the contentions of the petitioner against Ext.P9 order. Accordingly, the writ petition is dismissed. Sd/- S. SIRI JAGAN JUDGE //True copy// P.A. TO JUDGE shg/ |
