CHERCHI DOMENTCOFERDICANDO Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner has filed this writ petition for quashing of the order TPM/No. 18032/99/2002-F-2 dated 27-8-2003, issued by the Ministry of Home Affairs, Govt. of India and letter/Order No. 7006/SB dated 8-9-2003. Issued by the Office of Superintendent of Police-cum-Foreigners Registration Officer (Annexure P-5 to the writ petition). By the said order, based on the telegraphic message received from the Ministry of Home Affairs, the extension granted to the petitioner to stay in India upto 21-12-2003, was curtailed and the petitioner was sent to the Italian Embassy under the Police Escort for deportation. Petitioner further seeks a direction to the respondents to permit him to stay in India and restrain them from taking any steps to deport him prema- turely or till he is legally entitled to stay in India.

(2.) Notice in the writ petition was issued on 22-9-2003 and as an interim measure, it was directed that petitioner be not deported from India. Pleadings have been completed. The records of the respondent, including the Intelligence Bureau. Ministry of Home Affairs Reports, were produced for perusal of the Court. This was done in view of the plea taken in the counter affidavit that petitioner was suspected to be involved in the trade of Charas along with Geeta, whom he is stated to have married.

(3.) The facts, in brief, leading to the filing of the present writ petition may be noted :