Life And Liberty Of A Foreigner Cannot Be Invoked On His Behalf When The Individual Himself Is Not In India: Gujarat High Court

The Gujarat High Court has held that a person (foreign citizen) cannot invoke life and liberty under the Indian Constitution if he is not himself present in India. It added that a US-citizen cannot invoke Articles 14 and 19 of the Constitution if he is not on the shore of India.

The observation was made by Justice Biren Vaishnav while hearing the plea of an Indian-origin US citizen, denied entry to India on account of being a convicted sex offender and deported to Dubai. The petitioner sought to return to India to celebrate his marriage.

Refusing to interfere in the matter, the single bench observed,

"The petitioner cannot invoke Articles 14 and 19 of the Constitution of India on facts admittedly the petitioner is deplaned and is in Dubai. The petition has been filed and affirmed by the petitioner’s father. Life and liberty of a person not on the shore of India, cannot be invoked on his behalf when the individual himself is not in India."

State counsel ASG Debang Vyas cited Akil Valibhai Piplodwala (Lokhandwala) v. District Superintendent of Police, Panchmahal at Godhra, SCA No.13566/2022 dated 18.07.2022 which had held a person sitting in Dubai cannot invoke Article 21 to submit that his life and liberty in India is endangered.

The Court also came in support of Centre's policy refusing entry in India to foreigners convicted of rape or foreigners who are found to be morally depraved. It said that Section 3 of the Foreigners Act, 1946 gives powers to the Central Government to make provisions either generally or with respect to all foreigners or a particular foreigner which provides that a foreigner shall not enter India.

"What is therefore evident is that there is, in the matter of expulsion an unfettered discretion of the Central Government to do so."

Read more here: Gujarat High Court Backs Centre's Policy Denying Entry In India To Foreigners Convicted For Sexual Offences

Case Title: Dhanraj Rajendra Patel v. Union of India

Case Citation: 2023 Livelaw (Guj) 10