Madras High Court
Mano Bichemane vs The Deputy Secretary To ... on 24 November, 2021
W.P.No.8963 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.11.2021
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
W.P.No.8963 of 2021
Mano Bichemane ... Petitioner
Vs.
1.The Deputy Secretary to Government,
Ministry of Home Affairs,
North Block, New Delhi – 110 001.
2.The Chief Immigration Officer,
No.26, Shashtri Bhavan Annex,
Haddows Road, Nungambakkam,
Chennai – 600 034.
3. The Foreigners Regional Registration Officer (FRRO),
Bureau of Immigration,
(MHA) Government of India,
Chennai – 600 006.
4. The Airport Director,
Chennai International Airport,
Meenambakkam,
Chennai – 600 027. ...Respondents
Prayer:
Petition filed under Article 226 of the Constitution of India to issue a
Writ of Certiorarified Mandamus to call the records pertaining to the order
of the 1st respondent in F.No.18037/48/2020-F.VII dated 28.05.2020 and to
1
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W.P.No.8963 of 2021
quash the same as illegal, incompetent and ultravires and consequently
direct the 1st respondent to remove the name of the petitioner from the
permanent “Ban Entry” category dated 02.03.2016.
For Petitioner : Mr.M.Guruprasad
For R1 to R3 : Mr.R.Babu Manohar
Central Government Standing Counsel
For R4 : Mr.S.Venkatesan
ORDER
The petitioner has filed this writ petition seeking issuance of Writ of
Certiorarified Mandamus to call the records pertaining to the order of the 1st
respondent in F.No.18037/48/2020-F.VII dated 28.05.2020 and to quash the
same as illegal, incompetent and ultravires and consequently direct the 1st
respondent to remove the name of the petitioner from the permanent “Ban
Entry” category dated 02.03.2016.
2. The case of the petitioner is that he is a French Citizen. during the
year 1996, when the petitioner came down to India. The Airport immigrant
Authorities arrested the petitioner for the offence under Section 132,
135(1)(a) & 135(1)(b)(1) of Conservation of Foreign Exchange &
Prevention of Smuggling Activities Act for the possession of gold coins, for
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W.P.No.8963 of 2021
which, the petitioner was convicted and sentenced him to undergo 13
months imprisonment and fine. On 03.09.1998 he left India. Again, during
the years 1999 and 2001, the petitioner applied for VISA for the death of his
brother and mother, the same was refused. Therefore, the petitioner illegally
entered India without any visa. the Station House Officer, Puducherry
arrested the petitioner and remanded to judicial custody. After filing charge
sheet, the learned Judicial Magistrate, convicted the petitioner and
sentenced to impose fine.
3. In the meanwhile, the Foreigners Regional Registration office,
Bureau of Immigration had issued leave India notice on 17.02.2016 to the
petitioner directing him to leave India within seven days. On 22.02.2016,
after receipt of the said notice, the petitioner left India on 25.02.2016.
Therefore, the petitioner filed a Writ Petition in W.P.no.8481 of 2015 before
this court to consider his representation and to remove/delete his name from
immigration warning/banned/Black list and got order in his favour. After
obtained the order in the aforesaid writ petition, the petitioner again got
VISA from Indian Embassy for a period of six months for medical
treatment. When he came to India on 08.01.2019, the immigration officials
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W.P.No.8963 of 2021
detained the petitioner and sent him back to France. Again the petitioner has
filed a writ petition before this Court direct the respondent to remove the
name from the permanent Ban Entry category dated 02.03.2016 and he has
also made a representation to the first respondent. The first respondent
rejected the petitioner's representation vide proceedings in
F.No.18037/48/2020-F, VII dated 28.05.2020. The reason for rejecting the
representation of the petitioner is that he entered India illegally through
Nepal and he was convicted under Section 14(b) of Foreigners Act 1946
vide judgment dated 11.12.2015 by the learned Judicial Magistrate-I,
Puducherry. For the illegal activity of the petitioner, he was blacklisted on
02.03.2016. Challenging the same, the petitioner has filed the present writ
petition before this Court.
4. The learned counsel for the petitioner submitted that due to his
emotional bonding toward his family, he entered India through Nepal, when
the petitioner's mother and brother died and he regrets for his mistake for
illegal entrance. The first respondent has blacklisted the petitioner for the
mistake he committed and also punished by the learned Judicial magistrate-
I, Puducherry in the year 2015. The first respondent punished the petitioner
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W.P.No.8963 of 2021
once again for the same mistake by blacklisting him on 02.03.2016 which is
in force till 28.02.2023. Hence the learned counsel prays to quash the
proceedings of the first respondent and allow this petition.
5. On the other hand the respondents have filed a counter affidavit
which has been sworn by the third respondent, working as the Foreigners
Regional Registration Officer. In para 15 of the counter affidavit, it is stated
as follows:
''15. It is further submitted that it may also be stated as per
Section 3 of the foreigners Act, 1946, the Central Government
may by order make provision, either generally or with respect to
all foreigners or with respect to any particular foreigner or any
prescribed class or description of foreigners, for prohibiting,
regulating or restricting the entry of foreigners into India or their
departure there from or their presence continued presence
therein. Thus the Central Government has soverign powers to
ban, refuse or prohibit a foreigner from entering India in the
interest of nation security, peace, harmony etc., under Section 3
of the Foreigners Act, 1946.''
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W.P.No.8963 of 2021
6. Heard the learned counsel for the petitioner as well as the learned
Central Government Standing Counsel and perused the materials available
on record.
7. It is the grievance of the petitioner that the order of blacklisting the
petitioner from entering into the country, he could not come down to India
till 28.02.2023. The learned Standing Counsel submitted that due to
continuous illegal activities of the petitioner, his name was blacklisted and
the same is still in force.
8. This court, on these facts, cannot issue any remedy, sought by the
petitioner. As on today, blacklisting the petitioner from entering into the
country is in force till 28.02.2023. However, this court cannot insist the
respondents to permit the petitioner to entr into the country inspite of the
order of blacklisting him. These are the issues to the exclusive purview of
the respondents who have to pass necessary orders. If the petitioner is
aggrieved by the order of blacklisting, he has to challenge the same before
the appropriate forum and this court cannot issue any directions to the first
respondent. In view of the aforesaid reasons, this court is not able to grant
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W.P.No.8963 of 2021
any relief sought by the petitioner. The petitioner is directed to make a fresh
representation to the respondents after expiry of the ban period. After
receipt of such representation, the respondents shall consider the same and
pass appropriate orders on merits and in accordance with law.
9. In the result, this Writ Petition stands dismissed. No costs.
24.11.2021
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Speaking Order/ Non Speaking Order
Index: Yes/ No
Internet: Yes/ No
To
1.The Deputy Secretary to Government,
Ministry of Home Affairs,
North Block, New Delhi – 110 001.
2.The Chief Immigration Officer,
No.26, Shashtri Bhavan Annex,
Haddows Road, Nungambakkam,
Chennai – 600 034.
M.DHANDAPANI,J.
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W.P.No.8963 of 2021
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3. The Foreigners Regional Registration Officer (FRRO),
Bureau of Immigration,
(MHA) Government of India,
Chennai – 600 006.
4. The Airport Director,
Chennai International Airport,
Meenambakkam,
Chennai – 600 027.
W.P.No.8963 of 2021
24.11.2021
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