LEVI ONYEMARANKEYA ANYANWU Vs. UNION OF INDIA

JUDGEMENT

(1.) INITIALLY the petition was filed by the petitioner, who happens to be the husband of the applicant, namely Ms. Helen Uzoma Anyanwu, who has filed an application (CM No. 725/2003) for joining as a party to the petition.

(2.) THE petitioner came to India from Nigeria for study in the year 1982. After completion of Higher Secondary Course at Madras, he obtained B.A. degree (1986) and also Post -Graduate degree of Master of Arts from Christian College, Madras in the year 1988. After completion of studies, the petitioner left for Nigeria in the year 1988 and again came back to India in the year 1990.

(3.) TO enter India, a foreign national is required to obtain a visa as indicated in sub -clause (iv) of Rule 5 of Passport (Entry into India) Rules, 1950. However, on visa a person can stay for a maximum period of one year unless the same is extended. There is another provision known as the Foreigners Order, 1948. Earlier the Registration of Foreigner Rules, 1939 were in force. Clause 7 of the Foreigners Order, 1948 requires registration with the Registration Officer having jurisdiction either at the place at which the said foreigner enters India or at the place at which he presents a registration report in accordance with clause. For staying in India a permit is required by a foreigner under the said Order indicating the period and the places where he would reside. Such permit was given to the petitioner wife and husband. Every foreigner to whom a permit is issued under sub -paragraph (1) or sub -paragraph (2) shall, unless the period indicated in the permit is extended by the Central Government, depart from India before the expiry of such period; and at the time of the foreigner's departure from India, the permit shall be surrendered by him to the Registration Officer having jurisdiction at the place from which he departs. Therefore, a reading of this provision makes it very clear that a foreigner who resides in this country and having a registration permit has to leave India on the expiry of the period and has to hand over the permit to the Officer at the time of departure.