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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 :
“Bondage – though in a golden cage – remains bondage”
2. Brief facts:
3. Having regard to the significance and complexity of the issues involved in this Writ Petition, this Court appointed Sri. Jacob P.Alex, as Amicus Curiae.
5. Arguments advanced by the petitioners:
6. Arguments advanced by respondents 1 and 2:
7. Arguments advanced by the learned Amicus:-
8. Analysis of the issue:-
9. Now, coming to Section 3 of the Foreigners Act, this Court notice that the powers have been couched in the most expansive language possible. The power can be exercised either generally; or with respect to all foreigners; or with respect to any particular foreigner; or any prescribed class or description of foreigners. Again, the power under Section 3 can
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....
The government has unfettered authority to expel declared foreign nationals, underscoring the limitations on procedural protections relative to citizens in expulsion cases under immigration law.
Imposing bail conditions that result in indefinite detention violates fundamental rights under Article 21 and contravenes bail provisions stated in the Cr.P.C.
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