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Synopsis

A division bench of the Goa bench of the Bombay High Court, consisting of Justice MS Sonak and Justice Bharat Deshpande recently observed that Article 14 of the Indian Constitution protects citizens as well as non-citizens.

“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. Whilst the Central Government is vested with wide powers in matters of deportation, such powers must be exercised fairly and without any hint of arbitrariness,” the court observed.

The high court hearing a petition filed by a woman who was accused of violating her visa terms, leading to her deportation following an order issued by the central government.

The authorities argued that the petitioner had a work visa but engaged in business activities under the same visa, thus violating the terms of her visa.

The petitioner argued that she had applied for a dependency visa, which was denied based on the deportation order against her. She stated that she submitted the application for the dependency visa after resigning from her job.

The court concurred with the petitioner's argument, acknowledging that she had indeed sought the dependency visa following her resignation from the company.

“The petitioner, claims to have resigned from the company so that there is no doubt about compliance with the terms and conditions of the VISA. After such resignation, the petitioner has now applied for a dependency VISA. Even this dependency VISA was denied based upon the impugned deportation order dated 17.05.2023,” the court said.

The court then directed the respondents to process the application of the petitioner within 2 months and said that the petitioner should not be deported subject to her complying with the usual terms.

Case title: Olga Rosnina vs The Foreigners Regional Registration Office Goa & Ors