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KRISHNA S.DIXIT
LI DONG, D/O LI JING HUA – Appellant
Versus
UNION OF INDIA, MINISTRY OF EXTERNAL AFFAIRS, REPRESENTED BY ITS CHIEF SECRETARY, CENTRAL REGISTRY – Respondent
ORDER :
Petitioner a national of People’s Republic of China is once again knocking at the doors of Writ Court seeking an appropriate order that would facilitate the extension of her stay on Indian soil indefinitely, the extension of her Visa granted on a few occasions having already expired; she also seeks to lay a challenge to the Leave India Notice that eventually resulted into issuance of a series of Exit Permits, the latest being dated 11.11.2021.
2. Learned Asst. Solicitor General of India Mr. Shanthi Bhushan on request having accepted notice for the respondents, opposes the writ petition making submissions in justification of the impugned orders and the circumstances that resulted into their issuance.
3. Having heard the learned counsel for the parties and having perused the Petition Papers, this Court declines to grant indulgence in the matter for the following reasons:
Point of law : Foreigners also enjoy some fundamental right under the Constitution of this country, is also of not much help to them. The fundamental right of the foreigner is confined to Article 21 ....
The issuance of a Leave India Notice under the Foreigners Act is lawful when based on documented misrepresentation, upholding regulatory authority without violating natural justice requirements.
Point of Law : Where right of a person was adversely affected by an order passed by the authorities, he is entitled to pre-decisional notice or even to postdecisional hearing, depending upon the fact....
The power to expel foreigners under the Foreigners Act is absolute, and visa cancellation renders procedural fairness moot.
Foreign nationals, especially undertrials, should not be detained without due process of law. The competent authority should consider alternative options under Section 3(2) of the Foreigners Act, suc....
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