Introduction:

In a significant ruling, the Delhi High Court asserts that foreigners in India cannot claim the right to reside and settle under Article 19(1)(e) of the Constitution. A division bench comprising Justice Suresh Kumar Kait and Justice Manoj Jain makes it clear that the fundamental rights of foreigners are restricted to protection of life and liberty under Article 21. The judgment comes in response to a habeas corpus plea challenging the alleged illegal detention of a Bangladeshi national, Azal Chakma, who was apprehended for attempting to depart India with a fraudulently obtained Indian Passport.

Arguments:

The plea, filed by Chakma’s maternal uncle, challenges his detention, alleging that it lacks proper authority. The Foreign Regional Registration Office contends that Chakma illegally entered India and obtained Indian documents through fraudulent means. The petitioner seeks relief under Article 19(1)(e), asserting Chakma’s right to reside in India. The court emphasizes the limited scope of fundamental rights for foreigners and dismisses the plea, highlighting Chakma’s responsibility to explain his actions.

Court’s Judgement:

The Delhi High Court dismisses the habeas corpus plea, affirming that foreigners cannot claim a right to reside and settle under Article 19(1)(e) and that their fundamental rights are restricted to Article 21. The court notes Chakma’s failure to explain the allegedly fraudulent documents and his reentry into India. It clarifies that Chakma’s restrictions are lawful and aimed at facilitating deportation, not preventive detention. The judgment underscores the importance of adhering to legal procedures for foreign nationals in India.