Goa Bench of Bombay High Court Asserts: Article 14 of Constitution Encompasses Non-Citizens as Well
In a recent development, the Goa bench of the Bombay High Court has delivered a significant verdict underlining that Article 14 of the Indian Constitution, which guarantees equality before the law, extends its protection not only to citizens but also to 'non-citizens' residing within India. This assertion came to light during the adjudication of the case of Olga Rosnina versus the Foreigners Regional Registration Office.
The division bench, composed of Justices Mahesh Sonak and Bharat Deshpande, made this noteworthy observation while issuing a directive to prevent the deportation of a foreign national. The decision was grounded in the fact that the authorities had not sought clarification from the foreigner regarding the alleged breach of visa conditions before issuing the deportation order.
The judges, in their ruling dated August 7, emphasized the vital importance of upholding principles of natural justice and fairness in administrative actions. The foreign national had asserted that she remained in compliance with her visa conditions and had not violated any terms. The court deemed it necessary to underscore that principles of natural justice are intrinsically linked with Article 14 of the Constitution, safeguarding the rights of not only citizens but also non-citizens.
The bench further articulated that while the Central Government possesses broad powers pertaining to deportation matters, exercising these powers equitably and devoid of arbitrariness is imperative. In this context, the court highlighted that the case did not involve any threat to the nation's internal security or similar concerns.
Consequently, the court quashed a deportation order that had been issued against the foreign national on May 17, 2023. The authorities had alleged that the foreign national, holding a "work visa," had engaged in "business" activities, thereby contravening the stipulations of her visa. However, the judges took note of the fact that the foreign national had formally resigned from her company, affirming her compliance with the visa's terms and conditions.
Post-resignation, the foreign national had submitted an application for a dependency visa. Regrettably, her plea had been dismissed by the authorities due to the prior deportation order issued in May. In response, the court directed the authorities to reassess the foreign national's request for a dependency visa, additionally mandating that she not be deported for a minimum of two months, during which her application must be reviewed and decided upon.
Advocates AD Bhobe, A Fernandes, and R Prazeres represented the foreign national, while Deputy Solicitor General P Faldessai acted on behalf of the authorities. This ruling marks a significant stride in reinforcing the principles of equality and fairness enshrined in the Constitution for both citizens and non-citizens alike.
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TAGS: Goa Bench Bombay High Court Article 14 Constitution non-citizens Olga Rosnina Foreigners Regional Registration Office deportation visa conditions equality before law principles of natural justice fair play Central government dependency visa compliance internal security ruling advocates Deputy Solicitor General.
