Foreign nationals have now been found overstaying in India without proper valid travel documents like passport or visa. Taking the matter into account, the High court of Bombay at Goa has given directives to sort out the issue.
Recently, this has been found that the foreign nationals are doing the thing strategically. For a longer stay in India, even after the expiry of their visas, some of them intentionally indulge themselves in petty offences and secure bail from the court under the condition of not leaving the country.
Indian courts while releasing foreign nationals on bail, usually do not verify whether they have valid travel documents or whether their visas have already expired or not. On the other hand, after being released on the basis of such bail orders, the foreigners oppose any custody or action for deportation.
Public Prosecutor Pravin N. Faldessai and Amicus curiae Advocate Devidas J. Pangam at first raised the concern by pointing out that undue advantage is taken on the basis of the condition in bail order, by the foreigners and they continue to stay in India. Responding the concern the division bench comprising of Justice Nutan D. Sardessai and Justice MS Sonak issued directives for the expeditious disposal of cases against foreigners who stay in Goa without proper documents.
Elaborating the directives, justices M S Sonak and Nutan D Sardessai said that in such cases, the state or the prosecution can also make applications before the magistrate or the courts to expedite matters by clearly indicating the circumstances of overstay and apprehension that the involvement in petty offences is perhaps to facilitate such overstay.
Above all the court made it clear that the approach would remain ineffective in case of serious offences, like the NDPS Act (The Narcotic Drugs and Psychotropic Substances Act), cyber fraud and rape. This is not all, the list of offences by no means exhaustive and such cases will be considered on a case-to-case basis, said the court.
However, the court stated in some cases, to continue or to withdraw from the prosecution would be the sole decision of the state or the prosecution. In either cases, as early as the case is solved, prompt arrangements must be made to deport the foreign nationals those are without proper travel documents or whose visa term has expired, said the court.
