NAIM SAHEL Vs. FOREIGNERS REGIONAL REGISTRATION OFFICER

JUDGEMENT

(1.) The petitioners in this writ petition filed under Article 226 of the Constitution of India have prayed for quashing of the order dated 7.7.1998 with further direction to the respondent not to deport them out of India.

(2.) The petitioners are Afghan Nationals. It is claimed that they came to India from Afghanistan after the war in Afghanistan. Petitioners 2 to 5 claim that they came to India on 29.1.1991, followed by petitioner No.l, who is the husband of respondent No.2 and father of respondents 2 to 5, who came on 8.9.1992. They claim to be possessed of certificates issued by United Nations High Commissioner for Refugees dated 31.5.1991, stated to be valid upto 21.5.1999. It is also claimed that they have visas to stay in India valid till 21.5.1999, which was extended only on 21.5.1998 and they are also possessed of valid passports. Petitioner No.l claims that he is carrying on medical practice. Only on 1.7.1998 some officers of the Foreigners Regional Registration Officer came to the residence of the petitioners. Petitioners I and 2 were taken to the office of the respondent where respondent asserted that petitioner No.2 was the sister of Mohd. Aman Adina another Afghan National, whose activities were anti social. Despite denial by petitioners I and 2 of such relation, the respondent proceeded to pass the impugned order dated 7.7.1998 (Annexure-A) calling upon the petitioners to leave the country latest by 25.7.1998.

(3.) The petitioners have challenged that the order is violative of the right to life and liberty guaranteed under the Constitution staling that it is virtually impossible to live in Afghanistan. The petitioners are not involved in any anti social activities. The order is arbitrary and has been passed without affording a reasonable opportunity of being heard.