High court directs govt to spot, deport overstaying foreigners

High court directs govt to spot, deport overstaying foreigners

Asks TN DGP to Establish A Separate Wing For Monitoring

Sureshkumar.K@timesgroup.com

Chennai:28.09.2021

Flagging the menace of foreigners overstaying in India, and resorting to ‘nefarious activities’, the Madras high court has directed the TN director general of police to establish a separate wing in each district to monitor movement of foreign nationals.

Police should take immediate steps to deport foreigners found overstaying without a valid visa, said Justice M Dhandapani, adding that many illegal immigrants commit petty crimes just to stay back in India.

Justice Dhandapani directed the Union home ministry to consider bringing in a new law to prevent such illegal migrants from extending their stay citing pending court proceedings in India.

The judge was passing orders while dismissing a batch of anticipatory bail and bail applications moved by persons belonging to Sri Lanka, Nigeria, China, Iran and Bangladesh.

“The safety and security of a country lies in the proper implementation of the procedures relating to entry and exit of persons originating from other countries,” the judge said.

They are either overstaying within the Indian territory beyond the validity of their visa or have entered the country illegally without proper immigration/visa document.

“This is not a case in isolation, where, persons of different nationalities, under the guise of business/employment/tourist enter the country and overstay the visa period, without resorting to have their visa extended,” Justice Dhandapani said.

Many forms of crimes are perpetrated by such individuals, shaking the very economic stability, peace and tranquillity of the country. Such acts should be nipped in the bud, else the same would have major ramifications, not only to the economic stability, but also to the security of the country, he added.

“It is to be pointed out that day in and day out, the security of our motherland is being jeopardized due to the lethargic act of the governmental machinery in not adhering to the guidelines issued by the Union home ministry pertaining to deportation/ repatriation of the foreign nationals, who stay put in the country without any valid visa,” Justice Dhandapani said.

Not only the said individuals infract the law, by being in the Indian territory without any valid visa, many of such individuals misuse the stay and indulge in very many nefarious activities which are detrimental to the nation as a whole, the court asserted.

The court adjourned the cases to January 4, 2022 for the authorities to report compliance.

Justice Dhandapani directed the Union home ministry to consider bringing in a new law to prevent such illegal migrants from extending their stay citing pending court proceedings in India