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IN THE HIGH COURT OF KERALA AT ERNAKULAM
C. JAYACHANDRAN
Manju Saud, W/o.Amar Saud – Appellant
Versus
Union Of India – Respondent
| Table of Content |
|---|
| 1. petitioners are nepali citizens facing serious criminal allegations. (Para 2 , 3 , 4) |
| 2. arguments address the legality of restrictions imposed after bail. (Para 5 , 6) |
| 3. court discusses the importance of natural justice in administrative actions. (Para 8 , 18) |
| 4. examination of the right to be heard in the context of the foreigners act. (Para 12 , 14) |
| 5. court orders new hearings while upholding certain confinement. (Para 20 , 22) |
JUDGMENT :
C. JAYACHANDRAN, J.
“Bondage – though in a golden cage – remains bondage”
The question involved in this Writ Petition centers around the personal liberty of a foreigner, who is alleged to have committed a crime in India. The question has to be addressed in the context of orders passed under the Foreigners Act, 1946 imposing restriction on the movement of the petitioners, dehors bail having been granted in their favour in the crime in question.
2. Brief facts:
The petitioners are Nepali citizens, who were working as cleaning and house keeping staff in a resort at Kalpetta from May, 2024 onwards. Citizens of Nepal can enter India without any visa, by virtue of Article 7 of the Treaty of Peace and Friendship between the Government of In
Natural justice must be afforded before restricting the movement of foreigners under the Foreigners Act.
Governmental authority may impose movement restrictions on foreigners without prior hearing as per statutory provisions, provided they afford opportunity for reconsideration upon request.
The court ruled that it lacks jurisdiction to direct visa issuance in bail proceedings, emphasizing the distinction between judicial custody and executive detention under the Foreigners Act.
The power to expel foreigners under the Foreigners Act is absolute, and visa cancellation renders procedural fairness moot.
Charges under the Foreigners Act and Passports Act are not sustained when valid visas and passports are presented without immigration stamps; the appropriate legal remedy is deportation instead of pr....
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