Kerala restrained from hasty actions against overstayers

In a significant ruling that ensures procedural fairness, the Kerala High Court has granted foreigners an opportunity to be heard before their movement restriction under the Foreigners Act.

- Ashraf Padanna

Justice C. Jayachandran, delivering the judgment in a writ petition filed by three Nepali nationals, declared the movement restriction orders issued by the Foreigners Regional Registration Officer (FRRO) unlawful.

The court found that these orders were made without allowing the petitioners to present their case, compromising their right to a fair hearing, and invalidated them, saying, “Bondage, though in a golden cage, remains bondage.”

It said it is reasonable and legal to provide an opportunity to be heard when public interest remains intact, or permitting a hearing does not contradict the special statute.