Research On Caste, Religion, Economy Is Sensitive; Violation Of Tourist Visa Norms: Centre Tells Delhi High Court In UK Academic's Case

The Central Government has told Delhi High Court that UK Anthropologist Filippo Osella carried out research activities connected to caste, religion and economy, in violation of the tourist visa norms.

The government has opposed Osella’s plea against his deportation from Thiruvananthapuram airport in Kerala in March last year. Osella has conducted extensive research for over 30 years in Kerala.

In the affidavit filed through Foreigners' Regional Registration Officer (FRRO), Bureau of Immigration in Ministry of Home Affairs (MHA), the Centre has said that a foreign citizen does not enjoy the fundamental rights conferred on India’s citizens and that the power of the Indian Government to expel foreigners is “absolute and unlimited.”

“However, the Petitioner during his visits on Tourist Visa has indulged in research activities connected to caste, religion and economy which by its very nature is sensitive, thereby violating the visa norms,” the response states.

Osella has “repeatedly violated” the visa conditions granted to him by engaging in activities that “do not fall within the scope of the activities for which the visa had been granted,” the Centre told the court. 

The government has also said that detailed enquiries have revealed that “several serious security implications” may arise if Osella is allowed entry into India.

“It is stated that the manner in which, the foreign funds flow to the Petitioner for carrying out his research work in Kerala is an area of national security concern as the utilisation of these funds received by the Petitioner for his research work studies in India remain unaccounted for,” it adds.

The affidavit states that although Foreign Exchange Management Act, 1999, exempts foreign contributors for academic purposes from the scrutiny of the authorities, the funds have to be routed through the Universities so as to be able to maintain a record of it.

“The transactions of funds involving the Petitioner go against the very essence of exemptions allowed under the FEMA and subsequent guidelines issued by the Ministry ofHome Affairs,” the affidavit states.

Osella is the Professor of Anthropology and South Asian Studies at the Department of Anthropology, School of Global Studies at the University of Sussex in the UK. He was deported from Thiruvananthapuram airport in Kerala on March 23 last year. He filed the petition seeking records related to his deportation and quashing of the same.

In his plea, Osella has challenged the action of deporting him as being unconstitutional and arbitrary, alleging that no reasons for the same were given to him despite various representations.

"Reasons were disturbingly absent in this high handed and arbitrary conduct of the Immigration authorities at Thiruvananthapuram airport. By 4:30 AM, the Professor was literally marched back and bundled into the same aircraft, in which he had arrived and was unjustly deported - much like a hardened criminal," the plea added

Furthermore, the plea submits that during his previous visits, Osella had never faced any issue at immigration, and was never involved in any unlawful activities in his entire life.

"The whole process was vitiated by duress and actuated by arbitrariness. This also falls foul of Wednesbury's principles of reasonableness and fairness in administrative action," the plea argues.

Case Title: Filippo Osella v. Union of India and Ors.