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IN THE HIGH COURT OF DELHI AT NEW DELHI
SANJEEV SACHDEVA, J.
Raningliu Riamei - Petitioner
Versus
Union of India and Another - Respondents
W.P. (C) No. 684 of 2017
Decided On : 07-07-2017
Deportation - Foreign National - Foreigners Act, 1946, Narcotic Drugs and Psychotropic Substances Act, 1985 - [Foreign National - Deportation - Foreigners Act, 1946, Narcotic Drugs and Psychotropic Substances Act, 1985]
Fact of the Case:
The petitioner, an Indian national, sought the release of her Nigerian national husband from the Deportation Camp. The husband had a valid visa but was detained by the Foreigner Regional Registration Officer (FRRO) due to his involvement in a narcotics crime and subsequent deportation.
Finding of the Court:
The court found that the husband of the petitioner was involved in a narcotics crime, convicted, and deported previously. The court upheld the action of the respondents in seeking to deport him, citing his placement in Blacklist Grade 'A' and the issuance of a Lockout Circular.
Issues: The issues revolved around the validity of the detention and proposed deportation of the petitioner's husband, considering his marriage to an Indian national and the existence of a child from their wedlock.
Ratio Decidendi: The court held that the husband's marriage to an Indian national and the existence of a child did not affect the proposed deportation, as he was not entitled to enter the country due to his placement in Blacklist Grade 'A' and the Lockout Circular.
Final Decision: The petition was dismissed, and no costs were awarded.
SANJEEV SACHDEVA, J
W.P. (C) No. 684/2017
1. The petitioner, by the present petition, seeks a direction to respondent No. 2, i.e. Foreigner Regional Registration Officer (FRRO) to release the husband of the petitioner, namely, Okwuada Mark Lucky, a Nigerian National, presently lodged in the Deportation Camp.
2. It is contended that petitioner is an Indian National and her marriage was solemnized with Okwuada Mark Lucky, a Nigerian National, on 08.10.2014.
3. It is contended that Okwuada Mark Lucky, the husband of the petitioner is a frequent visitor to India and even prior to the marriage with the petitioner, he had come to India on several occasions after obtaining a valid visa.
4. It is contended that the visa of the husband of the petitioner was extended from time to time and lastly, the same was last extended upto 18.04.2017.
5. It is contended that after solemnization of the marriage with the petitioner, her husband continued to live in India. The husband of the petitioner has even applied for an OCI Registration with the FRRO. The petitioner claims to have one male child from the wedlock with the said Okwuada Mark Lucky.
6. It is contended that the husband of the petitioner came to know that the Officers of FRRO were searching for him by showing his photograph. On 19.12.2016, he himself visited the Office of respondent No.2 whereupon he was detained and sent to the Deportation Camp.
7. On 09.01.2017, the petitioner filed a representation against the said detention and the proposed deportation and sought immediate release of her husband as he had a valid visa to live in India. Receiving no communication, the petitioner has filed the present petition.
8. It is contended that the petitioner is lawfully married to Okwuada Mark Lucky. Okwuada Mark Lucky had a valid visa when he was detained. They also have a child from their wedlock.
9. It is contended that since Okwuada Mark Lucky has a valid visa, he should not have been detained and cannot be deported.
10. The respondents, in their counter-affidavit, have contended that the action taken by the FRRO is as per the procedure and bona fide. It is contended that the FRRO is a Civil Authority and discharges its functions as part of the Bureau of Immigration, Intelligence Bureau, vide Notification dated 13.07.2000 read with Joint Director/ Immigration Order dated 18.07.2000. Powers have been delegated upon FRRO to inter-alia, exercise powers under the Passport (Entry into India) Rules, 1950, Registration of the Foreigners Rules, 1992, the Foreigners Act, 1946, Foreigners Order 1948.
11. It is contended that Okwuada Mark Lucky arrived in India on 25.02.2015 on the strength of Indian Entry Visa issued from Nigeria-Lagos on 20.02.2015, which was valid upto 18.04.2015. The routine checks conducted and scrutiny of records (State Crime Record Bureau) revealed that one Nigerian National, Mark Lucky @ Mark Lucky Luke, Son of Okwuada Sunday, was arrested in case FIR No. 43/2010 dated 03.04.2010 under Section 21/29 Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act).
12. The records revealed that Mark Lucky Luke was convicted and sentenced in the said case. Mark Lucky @ Mark Lucky Luke involved in FIR No. 43/2010 Police Station Crime Branch, after completion of sentence was produced before the Office of FRRO, Delhi, by the officials of Narcotic Cell, Crime & Railways, Delhi Police on 19.03.2011, with a request to repatriate/deport him back to his country of origin.
13. Mark Lucky @ Mark Lucky Luke was repatriated/deported back to his country of origin on 16.04.2011. Further, a black list entry ban Look Out Circular (LOC) was opened against Mark Lucky @ Mark Lucky Luke with action to be taken on detection as “prevent subject from entering India and inform originator.”
14. It is contended that at the time of his arrest consequent to FIR No. 43/2010 Police Station Crime Branch, the name disclosed was Mark Lucky @ Mark Lucky Luke son of Okwuada Sunday. Accordingly, in the LOC, the name
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