High Court Refuses To Entertain PIL Seeking Deportation Of African Nationals Allegedly Living Without Valid Visa Or Passport In Delhi

The Delhi High Court on Wednesday refused to entertain a public interest litigation seeking immediate deportation of people from Africa, Bangladesh and other foreign nationals allegedly living without a valid visa or passport in the national capital.

A division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad dismissed as withdrawn a plea filed by Advocate Sushil Kumar Jain. The plea also claimed the foreign nationals are living as tenants in Delhi without any proper verification.

The court said that there was no research done by the petitioner and expressed displeasure on the comments made in the PIL saying that it will "not accept any racist statement against anyone."

"These people are also human being like us and you are making serious allegations against them without any basis," the bench said. 

The PIL sought a direction for police verification of the passport and visa of the foreign nationals and deportation of those found living illegally. A direction was also sought against issuance of visas to such foreign nationals and for their blacklisting. The plea also sought action against those providing "illegal shelter" to the foreigners. 

"That the habits of landlord (providing illegal shelters to foreigners without verification) can provide easy means and ways for terrorists to act in our country and they can easily get succeed in their nefarious plan/design in Delhi and across the country," the plea reads.

It added: "Many of the foreigners taking student visas and medical visa involve in illegal acts, crime like drug smuggling, prostitution, human trafficking and cyber fraud."

The plea also claimed that such foreign nationals are "directly spoiling social and economic structure of the country" as well as the national capital and are also "impacting the advancement" of the nation.

"Petitioner strongly submits here that this situation has analogy with the way Mughals, British etc. have invaded our country in the past and have ruled us for more than 500 years," the plea said.

Title: SUSHIL KR. JAIN( ADVOCATE) v. UNION OF INDIA & ORS.

Citation: 2022 LiveLaw (Del) 1146