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Updated October 28th, 2021 at 17:04 IST

Delhi HC dismisses plea seeking direction to deport foreigners detained for overstaying

The Delhi High Court denied a petition seeking an order to deport foreign individuals who have been imprisoned and are in custody only for overstaying

Reported by: Aakansha Tandon
Delhi High Court
Shutterstock/ Rep | Image:self
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The Delhi High Court on Thursday denied a petition seeking an order to deport foreign individuals who have been imprisoned and are in custody for the reason of overstaying, to their respective countries. The court also fined the petitioner Rs 25,000 for filing the petition. WE ARE SAATH, a Non-Governmental Organization, was fined Rs 25,000 by a Division Bench led by Chief Justice DN Patel and Justice Jyoti Singh.

The petitioner filed a Public Interest Litigation (PIL) requesting that the respondents deport all foreign nationals who have been detained and are in custody solely for the purpose of overstaying within the territory of India beyond the expiration of their respective visas and who have neither committed any other offences within the territory of India nor pose a threat to the country's national sovereignty, integrity, or security.

Delhi HC dismisses plea seeking release of foreign nationals detained for overstaying in India

Detention for correction shall be provided and fulfilled for individuals of Indian heritage who return to Indian society with change, but for those who are foreign nationals, no purpose is served, according to the petitioner. The petition is not a PIL, according to the Court, and the plea was filed to benefit someone.

The Court clarified that for foreign nationals who commit a crime or break an Indian law, an FIR must be filed against them under the Indian Penal Code. WE ARE SAATH, a non-governmental organisation, claims to be active in assisting and assisting socially, educationally, financially, and/or otherwise underprivileged and disadvantaged elements of the Indian society, however, the court said that they were trying to benefit someone from the plea.

The Petitioner stated that it was approached by a friend of one Laye Sane alias Steve Egbo, a Nigerian citizen and that a letter was received from Osahon Omorogbe from jail, where both were seeking deportation of Egbo and Osahon Omorogbe, who were taken into custody on 19 May 2019 and 1 March 2020, respectively, for the sole reason that both continued living in India beyond the period of expiration of their visa. 

In addition, the petitioner alleged that there are several other similarly situated foreign nationals from various nations who have been imprisoned and continue to be held in unjustified and continuous custody just for overstaying in India's territory. The petitioner requested several reliefs, including the deportation of Nigerian citizens Steve Egbo and Osahon. In addition, the petitioner wanted to establish procedures for deporting all such foreign people.

With ANI Inputs
Image: Shutterstock/ Rep

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Published October 28th, 2021 at 17:04 IST

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