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2023 Supreme(Online)(Del) 24090
DELHI HIGH COURT
RANDA CHEHAB – Appellant
Versus
UNION OF INDIA & ORS. – Respondent
WP(C)-1250_2023
Foreigners who violate the conditions of their visa may be deported and blacklisted.
Headnote:
FOREIGNERS ACT - DEPORTATION - BLACKLISTING - [The court held that the Petitioner's deportation and blacklisting for violating the conditions of her business visa by collecting funds for charitable activities was not arbitrary and did not require interference under Article 226 of the Constitution of India.]
Fact of the Case:
The Petitioner, a US citizen, was deported from India on 28.11.2022, upon her arrival at Trivandrum Airport. She had been granted a business visa, but was found to have violated the conditions of the visa by collecting funds for charitable activities. The Petitioner challenged her deportation and blacklisting, arguing that her activities were not unlawful and that the decision to blacklist her was arbitrary.
Finding of the Court:
The court found that the Petitioner had violated the conditions of her business visa by collecting funds for charitable activities. The court held that this was a sufficient reason for her deportation and blacklisting, and that the decision taken by the authorities was not arbitrary.
Issues: Whether the Petitioner's deportation and blacklisting for violating the conditions of her business visa was arbitrary and required interference under Article 226 of the Constitution of India.
Ratio Decidendi: The court relied on the Foreigners Act, which gives the Central Government the power to prohibit, regulate, or restrict the entry of foreigners into India or their departure from India. The court also relied on a previous decision of a Coordinate Bench of the Delhi High Court, which had upheld the decision of the FRRO to blacklist a foreigner for violating the conditions of their visa.
Final Decision: The court dismissed the Petitioner's writ petition, holding that her deportation and blacklisting were not arbitrary and did not require interference under Article 226 of the Constitution of India.
JUDGMENT
1. The Petitioner has approached this Court under Article 226 of the Constitution of India challenging her deportation from Trivandrum, Kerala Airport on 28.11.2022 as arbitrary, unreasonable, illegal and unconstitutional.
2. It is stated that the Petitioner is a citizen of United States of America who had come to India under a valid visa, was deported from India by the Bureau of Immigration from Trivandrum Airport, Kerala on 28.11.2022.
3. The Petitioner states that she is a professional yoga teacher and has a Masters Degree in Global Health from Western University in the USA. It is stated that the Petitioner is also a licensed Physician Assistant in Montana, USA. It is also stated that the Petitioner is teaching yoga in USA since 2002 Signature Not Verified Digitally Signed W.P.(C) 1250/2023 Page 1 of 8 and she has incorporated the company under the business style name "Ashtanga Yoga School of Montana" in Montana, USA.
4. It is stated that since she is practising yoga, she is deeply inspired by the Indian culture and society. It is stated that the Petitioner is also involved in various charitable activities. The Petitioner states that she was on a valid visa issued by the Consulate General of India, Indian High Commission, San Francisco, United States of America.
5. It is stated by the Petitioner in the writ petition that she has also incorporated two institutions called (Down to Earth Yoga and Massage, Montana, USA and Ashtanga Yoga School of Montana, USA). She was given a multi entry tourist visa to India which was valid from 22.09.2006 to 21.03.2007. The Petitioner obtained another tourist visa with multiple entries valid from 09.10.2007 to 08.10.2017. The Petitioner obtained a long stay multiple entry tourist visa valid from 31.03.2017 to 30.03.2027. The Petitioner also obtained a business visa valid from 20.06.2019 to
19.06.2024.
6. It is stated that the Petitioner came to India and incorporated a private limited company, namely, Oceanview Homestay and Yoga Centre Private Limited in Trivandrum, Kerala as a promoter director. It is stated that the Petitioner helped victims by raising funds at the time of the cyclone Amphan which created havoc in the eastern parts of the country in 2020. It is also stated that the Petitioner incorporated a non-profit organization in the State of Montana, USA, namely, 'India Water Project Inc.' under the tax law provision 501(c)(3) in USA which is applicable for religious, charitable, scientific, literary or educational purposes.
7. It is stated that the Petitioner arrived at Trivandrum, Kerala on Signature Not Verified Digitally Signed W.P.(C) 1250/2023 Page 2 of 8
28.11.2022 and immediately on her arrival, the Petitioner was deported back to Chicago, USA without any reason. It is stated that the Petitioner is being denied entry into India for undisclosed reasons.
8. Alleging that her deportation from the country is completely arbitrary and for no valid reason, the Petitioner has approached this Court by filing the instant writ petition.
9. Notice was issued on 01.02.2023. Status Report has been filed. The Status Report discloses that the Petitioner was issued the following visas by the Consulate General of India, San Francisco, i.e., T-1 Visa No. VK 0275900 valid from 31.03.2017 to 30.03.2027; and B-1 Visa No. VK
3934693 valid from 20.06.2019 to 19.06.2024.
10. The Petitioner again applied for a tourist visa on 15.12.2022 which was rejected as her name was found in the adverse/banned list entry of the Ministry of Home Affairs.
11. The Status Report reveals that the name of the Petitioner has been blacklisted at the behest of Foreigners Regional Registration Office (FRRO), Trivandrum vide Reference No. 4/FRRO/BOI/TVM/2020(2)-1086 dated 11.08.2020 as she was involved in public fund collection while visiting on a business visa which is not permitted. It is stated that as of today there is an adverse entry report against the Petitioner.
12. It is stated that as per the General Policy Guidelines Re
