EGADWA MERCY ADAMBA Vs. STATE OF KERALA

JUDGEMENT

(1.) The distinction between sec. 14(a) and sec. 14A of the Foreigners Act, 1946 arises for consideration in these two cases. The question that requires resolution is whether sec. 14A of the Foreigners Act, 1946 would be attracted in cases where a foreign national had entered India with a valid passport and visa but had overstayed beyond the period permitted. Since the issues are identical, these cases are being disposed of through this common judgment.

(2.) Petitioners in these two petitions are four foreign nationals. The two petitioners in Crl.M.C No. 6168/2024 hail from Uganda and Kenya respectively, while both petitioners in Crl.M.C No. 6618 of 2024 are Kenyan Nationals. Petitioners are facing prosecution for the offences under the Foreigners Act, 1946 (hereafter referred to as 'the Act'), apart from offences under the Passports Act, 1967 (for short 'the Passports Act').

(3.) The prosecution alleges that the accused entered India with a tourist visa and continued their stay even after the expiry of their visa as well as their passports.