Delhi HC rules foreign nationals cannot claim right to reside under Article 19(1)(e)

New Delhi, Jan 11 (IANS) The Delhi High Court has ruled that foreign nationals cannot assert the right to reside or settle in India under Article 19(1)(e) of the Constitution.  

A division bench of Justices Suresh Kumar Kait and Manoj Jain said that the fundamental rights of foreigners or suspected foreigners are limited to the right to life and liberty under Article 21.

Referring to the 1955 Supreme Court judgement in Hans Muller of Nurenburg v Superintendent, Presidency Jail, Calcutta, the court said that the power of the government to expel foreigners is absolute and unlimited, without any constitutional provision restricting such discretion.

The case involved a habeas corpus plea filed by the family of a suspected Bangladesh national, Azal Chakma, apprehended at the Indira Gandhi International Airport in Delhi. Chakma was accused of obtaining Indian documents fraudulently after travelling to India on a Bangladeshi passport.

The Indian authorities had revoked his passport, and his movements were restricted under the Foreigners Act of 1946.

The court, rejecting the plea, stated that there was no indication of illegal detention, and Chakma failed to provide an explanation for his return to India after leaving the country on a Bangladeshi passport. It concluded that he was responsible for his situation and dismissed the petition.

--IANS

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