ROBINSON STUART Vs. GOVERNMENT OF INDIA

JUDGEMENT

(1.) THE appellants are husband and wife. THEy are British citizens.THEy applied to the High Commission of India at London for a Tourist Visa and were granted Multiple Entry Tourist Visa valid for the period from 24.10.2002 to 23.4.2003. Again, they applied for a Multiple Entry Visa and were granted the visa for the period fro 4.3.2003 to 3.9.2003. THEreafter, the appellants applied for business Visa at the Indian High Commission, London and were granted Multiple Entry X- visa for the period from 25.7.2003 to 24.1.2004. THE Visa granted to the appellants expired on 24.1.2004 and therefore, the appellants filed applications for extension of stay as per the foreigners" Rule 1946, by submitting necessary applications to the Foreigners" Registration Office. THE appellants made applications for further extension of their stay in India for the period from 25.1.2005 to 24.1.2006 Again, further extension was sought from 25.1.2005 to 24.1.2007 Ultimately, applications made by the appellants were rejected by the Government of Indiavide order dated 11.9.2006. It appears that the order of rejection was not served on the appellants. But, the State Government has passed an order in (Ms) No.1009 dated 20.9.2006, directing deportation of both appellants. Being aggrieved, the appellants filed two separate writ petitions in W.P.No. 37192 and 37193 of 2006 respectively. THE learned single Judge by order dated 29.9.2006, dismissed both the petitions and granted four weeks time to leave India. Hence, the present appeals.

(2.) R. Muthukumarasamy, learned senior Counsel appearing for the appellants, relying upon the decision of the Supreme Court in Hasan Ali Raihany v. Union of India (2006) 3 SCC 705 submitted that the appellants cannot be thrown out of the country without informing the reasons for rejection of their Visa applications and expulsion from the Country. The learned counsel submitted that having regard to the facts and circumstances of the case, particularly having regard to the fact that the appellants have entered this Country legally upon the Multi Entry permits issued in their favour, it is only fair that the competent authority must inform the reasons for their deportation. If such a decision is taken, the appellants must be given opportunity to submit their representation against their proposed expulsion. The competent authority may thereafter consider their representation and pass appropriate orders.