By S A Ishaqui
Hyderabad,June 25: The Andhra Pradesh High Court has said foreigners in India could be subjected to certain restrictions in the interest of the nation’s security.
A division bench comprising Justice Ghulam Mohammed and Justice Vilas V. Afzulpurkar pronounced this verdict on a petition filed by a Spanish national claiming that authorities were harassing him.
The bench said a foreign national visiting or residing in India cannot be treated as a citizen as per Articles 5 to 10 of the Constitution. However, a foreigner staying in the country with valid residential permit was entitled to the fundamental rights guaranteed under Article 21 of the Constitution, said the judges.
“If the life and liberty of a foreigner is deprived, except in accordance with the provisions of the Foreigners Act and the rules, this court can enforce the right of such persons,” they added. Even tourists would be entitled to the protection in accordance with the Constitutional provisions.
However, a foreigner who does not renew his residential permit cannot claim protection under Article 21. Mr Martinez Montsant Joan, a Spanish national, who is now in Cherlapally Central Prison, filed a writ petition challenging the Registration of Foreigner Rules 1992 and Para 7 of Foreigners Order 1948.
According to the petitioner, he entered India in 2006 on a student visa for a five-year stay. He took a resident permit in Sikkim. Later, he moved to Puttaparthi in Anantapur district and stayed there from November 2007.
The police filed a case against him for non-registration with the local Foreign Registration Office.
Mr Martinez claimed that the case was illegal. The bench dismissed the petition saying the action of authorities in implementing the rules cannot be considered as depriving the liberty of the petitioner.
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