‘Leave shores of nation’: Why Karnataka High Court wants this Nigerian man to leave India

“In the light of the undertaking as afore-quoted, the only direction that can be granted to the petitioner is that he shall forthwith leave the shores of this nation,” the Karnataka High Court said in its April 6 order. The ruling highlights a pragmatic judicial approach toward foreign nationals detained for mid-level offences who are willing to self-deport.

Justice M Nagaprasanna directed the petitioner to obtain emergency travel documents from the Consulate of Nigeria.

‘Deport as per SOP’

• The Karnataka High Court directed that the Foreigners’ Regional Registration Office (FRRO) take immediate steps to deport the petitioner out of the shores of this nation at his own costs, in terms of the standard operating procedure (SOP).
• It was also placed on record that the man was also booked under Section 14 of the Foreigners Act, 1946, which deals with punishment for any foreigner who violates the Act, its orders, or visa conditions. Such offenders face imprisonment for up to five years, fines or both in such cases.
• The Karnataka High Court, therefore, noted that the offences charged against the petitioner are ones punishable with imprisonment for less than seven years.
• It directed the state and the cybercrime police authority to withdraw the criminal cases pending before the trial court against the petitioner only and communicate such withdrawal to the FRRO officer, within one week from the date of receipt of a copy of this order.
• The court also mentioned that the petitioner should obtain emergency travel documents from the Consulate of Nigeria and present them before the officer to enable the petitioner to move out of the shores of this nation.
• The Karnataka High Court lastly mentioned that once the withdrawal of the proceedings is communicated to the FRRO, the officer should take steps immediately to deport the petitioner out of the shores of this nation in terms of his undertaking, without brooking any delay, at the costs of the petitioner.

Submissions before HC

Appearing for the petitioner, advocate Somanna K P, contended that the Karnataka High Court has directed the state to release his client and enable him to catch the next flight back to Nigeria. He added that the petitioner has undertaken to return to Nigeria before the coordinate bench.

Deputy solicitor general Shanthi Bhushan submitted that the petitioner will be deported to his country only if this court directs the state, and the petitioner has to bear the costs. Additional special public prosecutor B Pushpalatha represented the state in the matter.