Article 14 Protects Not Only Citizens But Also Non-Citizens: Bombay High Court While Invalidating Deportation Order
The Goa Bench of the Bombay High Court has affirmed that Article 14 of the Constitution protects not only the citizens but also non-citizens while setting aside a deportation order of a foreign national since the authorities had not sought any clarification from the foreigner on the alleged breach of the Visa condition.
The Division Bench of Justice M.S. Sonak and Justice Bharat P. Deshpande observed:
“At least a clarification could have been sought from the petitioner and upon considering the same, a decision could have been taken. This was not done. Therefore, on this short ground, we set aside the impugned deportation order dated 17.05.2023.”
The petitioner had challenged a deportation order and the deletion of her VISA extension. The petitioner claimed that there was no violation of the E-VISA conditions and that the deportation order was made without following principles of natural justice and fairness.
Advocate A. D. Bhobe appeared for the Petitioner and Advocate P. Faldessai appeared for the Respondents.
The Court found that the deportation order should not have been made without minimum compliance with principles of natural justice, as the petitioner's claim of not violating the VISA conditions needed clarification.
“Principles of natural justice and fair play are an essential concomitant of Article 14 of the Constitution of India. This Article protects not only the citizens but also non-citizens.”
The Court thus set aside the deportation order. The petitioner had also applied for a dependency VISA after resigning from the company, but the application was denied based on the now-set-aside deportation order. The Court ruled that since the deportation order was set aside, the denial of the dependency VISA should not stand, and it was quashed.
The respondents were directed to decide the petitioner’s application for a dependency visa as expeditiously as possible and in any case within two months. It was further directed that until this application was decided, the petitioner shall not be deported subject to her complying with the usual terms and conditions subject to which she was permitted to stay in India. The respondents were instructed to communicate this decision to the petitioner within fifteen days.
Cause Title: Olga Rosnina v. The Foreigners Regional Registration Office Goa & Ors.
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