Specify Procedure To Repatriate/Deport Foreigners Who Don't Have Evidence Regarding Nationality: Delhi High Court Asks Centre

While dealing with the case of three people who claimed to be Bangladeshi citizens though they could not produce any documentary proof of the same, the Delhi High Court on Tuesday (May 5) asked the Ministry of Home Affairs to place on record the procedure for repatriation, adopted in respect of such foreign nationals, who do not have any documents.  

The Bench of Justice Prathiba M. Singh was informed that they were found in a shelter home, and further, they were found to have not been involved in any criminal or other cases.

It was also submitted before the Court a request letter for deportation had been served on the Bangladesh High Commission on March 24, 2021.

It was also brought to the notice of the Court that three Bangladeshi nationals were halting in a shelter home and necessary direction had been given to the caretaker of the shelter home. 

To this, the Court directed that if any communication is received from the High Commission, the same be communicated within a period of two weeks to the Court.

Importantly, the Court directed the MHA to place on record the following:

• The procedure to be adopted in such cases where no documentary evidence exists in respect of the nationality of a foreign national;
• The procedure for repatriation/deportation of such foreign nationals; and
• If such a procedure exists, the time period and formalities to be completed for the same.

Lastly, the Court directed that an affidavit/report on behalf of the MHA be filed by May 13, 2021 and if the same is not filed, a senior official of the MHA has been directed to remain present on the next date of hearing.

Case title - Ibrahim Ali and others v. Union of India and others

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