The Goa bench of the Bombay High Court has recently observed that Article 14 of the Constitution, which guarantees equality before the law, applies not only to citizens but also to ‘non-citizens’ in India.
A division bench comprising Justice Mahesh Sonak and Justice Bharat Deshpande made this observation while directing the authorities not to deport Olga Rosnina, a foreign national, as no clarification had been sought from her regarding an alleged breach of Visa conditions.
“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,” the court stated.
The bench also emphasized that the principles of natural justice and fairness must be adhered to by the authorities, particularly as the foreign national asserted that she had not violated any of her Visa conditions.
“The principles of natural justice and fairness are an inherent aspect of Article 14 of the Constitution of India. This Article safeguards not only citizens but also non-citizens,” the bench opined.
The Court further stressed that the Central government should exercise its powers of deportation in an equitable manner.
“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. This was not some case of threat to internal security of the country or like matters,” the bench highlighted.
Consequently, the Court nullified the deportation order passed on May 17, 2023, against the foreign national.
The authorities contended that the foreign national had been granted a “work Visa” but had engaged in “business” activities, thereby contravening the terms of her Visa.
However, the judges observed that the foreign national had resigned from her company, leaving no doubt about her compliance with the Visa’s stipulations.
Subsequent to her resignation, the foreign national had applied for a dependency visa. Nevertheless, her application was dismissed by the authorities due to the deportation order issued against her in May.
Accordingly, the Court directed the authorities to reevaluate the foreign national’s request for a dependency visa and refrain from deporting her for a minimum of two months. Within this period, her application must be resolved.
