HESHAM BADAWY MEHMOUD PUSHKARNA Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner, a foreign national who on 15.8.1998 was deported out of country has filed this petition on 24.8.1998 supported on the affidavit of his wife Amani Ibrahim, another foreign national. Direction is sought in the writ petition to quash the order dated 10.8.1998 passed by the Foreigners Regional Registration Officer placing certain restrictions on the petitioner's movement; quit notice dated 12.8.1998 requiring the petitioner to leave India latest by 15.8.1998. Consequent directions are sought against the respondents to bring the petitioner to India and allow him to resume and complete his studies.

(2.) The admitted facts are that the petitioner an Egyptian National arrived in India on 12.9.1989 on a student visa and got himself registered with the Foreigner Registration Officer. His stay had been extended from time to time. Lastly, on 16.1.1998 his stay was regularised till 31.8.1999, when he was granted Research Visa.

(3.) The petitioner's case is that after having completed his Master Degree in Political Science from Jamia Millia Islamia University at New Delhi, he enrolled himself for Ph.D. Research Course in University of Rajasthan. The topic of his research is "India's Security Problems at the end of the Cold War". The petitioner was married in the year 1994 to a Sudanese National and his wife is an M.B.B.S. doctor having completed her course from Lady Harding Medical College. The petitioner also has three years' old son from the marriage. They have been residing in New Delhi till 10.8.1998. By virtue of order (annexure-P.7) restrictions were placed on his movement and he was directed not to move out of Sewa Sadan, Lampur, Delhi from 10.8.1998 to 24.8.1998 as there was likelihood of his going under ground and indulging in undesirable activities. Intimation was given by the petitioner to his wife from Lampur, who got writ petition filed in this Court. On 17.8.1998 the writ petition was taken up in which notice was issued to the respondents for 19.8.1998, when statement was made on behalf of the respondent that the petitioner had already been deported on 15.8.1998, pursuant to the order (annexure-P.11) dated 12.8.1998. It is alleged that the impugned orders are bad in law being violative of Articles 21 and 22 of the Constitution of India. The petitioner was illegally deported out of country without affording any opportunity of being heard. The petitioner is a peace living person and had been pursuing Research Work diligently. Only in connection with his research work recently he went to Kashmir and had meetings with leaders of All Party Hurriyat Conference and also interviewed Home Minister of Kashmir in that regard. Neither he was apprised of any charges against him nor any reason was assigned for being deported out of country.