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 for life and liberty and does not include the right to reside and settle in this country, as mentioned in Article 19(1)(e), which is applicable only to the citizens of this country

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:

(a) Petitioner admittedly is a foreigner; the rights & obligations of the foreigners are inter alia governed by the Foreigners Act, 1946 and the Orders promulgated thereunder; she was granted the e-Visa dated 22.06.2019 valid for a period of 365 days in terms of Annexure-C, subject to the condition that the ‘continuous stay during each visit should not exceed 180 days’; petitioner was issued Leave India Notice on 30.10.2019; however, in her letter dated 21.04.2021, she specifically admits “I left India two months late instead of immediately”;

(b) On 19.02.2020, petitioner initially was given a reprieve of one month due to spread of COVID-19 in China; the same was extended for one more month on 30.03.2020; thereafter, she was issued multiple reminders cum the Exit Permits specifically warning her to “LEAVE INDIA ON FIRST AVAILABLE FLIGHT AFTER RESUMPTION OF INTERNATIONAL FLIGHT OPERATIONS FROM INDIA”; she herself has produced copies of all these permits.

(c) Petitioner had requested for the extension of her stay; no decision having been taken thereon, she was before this Court in W.P.No.8461/2021 which came to be disposed off by a Co-ordinate Bench of this Court vide judgment dated 24.03.2021 reserving liberty to her to make a representation within 15 days and that till a decision thereon was taken she was permitted to stay on the Indian soil; petitioner accordingly had made a representation on 07.05.2021 wherein she had made some grievance against the Visa Authorities in not recalling the Leave India Notice.

(d) At paragraph 9 of her above representation this is what the petitioner has said:

“9. I am aware that the Leave India Notice dated Oct.30, 2019 is the reason for the issuance of Exit Permit dated Feb.07, 2020 and for the Refusal of Extension of Exit Permit dated April 19, 2021. Since the LIN has caused me so much grief and I have not been able to understand what I did wrong, I eagerly request a re-examination of the LIN, and an explanation for the issuance, or a cancellation, if there was indeed misunderstanding”.

The above text of the said representation is not happily worded, to say the least; a foreigner who has apparently overstayed the Visa period cannot ask for an explanation from the host country as to why she has been issued an Exit Notice; the very language offends the principle of Sovereignty of Nation State; it is not that the concession by way of extension of her stay was not bestowed on her; this she admits at paragraph 7 of the writ petition itself; that apart, India has shown appreciable leniency in granting automatic extension of visa period because of COVID-19 pandemic till 30.09.2021 by issuing Orders from time to time, as borne out by record.

(e) The vehement contention of learned counsel for the petitioner that India being a signatory to the International Covenant on Civil & Political Rights, 1966, does not permit expulsion of an alien from the territory of a host country except in accordance with law, is broadly true; Article 13 of the said Covenant reads as under:

“Article 13: An alien lawfully in the territory of a State Party to the p