The central government has “unrestricted right to expel” foreigners, even those who have valid visas, from the country without any show cause notice, the MHA told the Delhi High Court on Tuesday.
The submission by theMinistry of Home Affairs was made before a bench of Chief Justice RajendraMenon and Justice A J Bhambhani in response to a plea by the husband of aPakistani woman who has been asked by the government to leave the country inview of adverse security reports against her.
According to the woman’s husband, she has a long term visawhich is valid till 2020.
In its affidavit, filed through the central government’sstanding counsel, Anurag Ahluwalia, the ministry said that once it decides toserve a ‘leave India notice’ to a foreigner, he or she has no vested right tocontinue staying here despite a valid visa.
“Leave India notice itself is cancellation of furthervalidity of the visa period. There is no statutory obligation on the part ofthe central government to serve a show cause notice to the foreigner,” theMHA said.
The ministry further said that under the Foreigners Act of1946, the government has “an unrestricted right to expel”, and urgedthe court to dismiss the petition.
It also claimed that it decided to serve the woman with aleave India notice in view of adverse inputs received from security agencies.
The woman’s husband had initially challenged before a singlejudge the government’s February 7 direction to her to leave the country within15 days.
The single judge haddismissed the plea and gave the woman two weeks to leave the country, sayingthat under the principles of law she has no right to stay here.
Her husband appealedagainst the order of the single judge and the division bench on March 12directed the government not to take any coercive steps against the woman.
Since then, the interim order has been extended from time totime and the next date of hearing of the matter is on May 13.
Issuing the interim order, the bench had on March 12observed that the confidential security report, based on which action was takenagainst the woman, “does not inspire confidence”.
It had also observed the long-term visa held by the womansince 2007 did not appear to be cancelled till date.
The 37-year-oldwoman had come to India in 2005 after marrying the man. She has been residingin Delhi with her husband and two sons — aged 11 and 5 years.According to her husband’s plea, she has along-term visa valid till 2020 which has not been cancelled, but she has beenasked to leave the country.