In a case involving a foreign national imprisoned in a Bihar jail, the Patna High Court has recently ordered his release. The court directed a Czech Republic citizen, who entered the country without a visa, to leave India within 15 days.
The court has instructed the Czech Republic Embassy to take action to send Kasperek Petr back to his country.
Reason for Entry Explained to the Judge
Justice Vivek Chaudhary’s single bench issued this order after hearing a petition filed by Kasperek Petr. The petitioner explained to the court that he entered India’s borders to file an FIR after falling victim to cybercrime. He claimed that he was in India to file a fraud case related to the cybercrime incident. While entering India through Nepal, he got arrested by the police at Raxaul (Harriah Outpost) for not possessing a valid visa to enter and stay in India.
Sentenced to 2 Years, Imprisoned
Upon illegally entering India, the police filed an FIR under Sections 14/14A/14B of the Foreigners Act and initiated proceedings. Since the date of his arrest, he has been in jail. The Judicial Magistrate of Raxaul found him guilty and sentenced him to 2 years in prison along with a fine of 10,000 rupees. He challenged this sentence through an appeal, but it was dismissed, leading him to file a criminal revision petition in the High Court challenging the validity of the sentencing order.
Objection to Prosecution and Conviction
The petitioner argued that any foreign national can enter India under the Passport Act (Entry into India) and should be deported immediately if caught entering without a valid visa. Prosecuting and convicting a foreigner for entering without a visa is unjust, especially when the passport is valid. The petitioner contended that the authorities should have taken immediate steps for his deportation.
Court Orders Deportation
The court nullified the lower court’s sentence, stating that staying in the country without a valid visa is illegal. The petitioner was living in India without a visa. The court ordered the Czech Republic Embassy in New Delhi to take charge of the petitioner within 7 days and keep him at the embassy. The court also instructed that within 15 days, the petitioner should be sent back to his country with the assistance of the embassy.
