U/S 248 Cr.P.C Magistrate Do Not Have Power to Order Deportation of Any Foreign Citizen for Any Violation of Act: Telangana High Court
(Judicial Quest News Network)
In a significant order Telangana High Court has observed that a Magistrate under code of Criminal Procedure does not have the power to order deportation of foreign citizen in case of violation of the Foreigners Act or otherwise while quashing two deportation orders passed by a Magistrate.
Telangana High Court observed that “learned Magistrate did not give any reasons for ordering deportation of the petitioner. There is no reason mentioned by the learned Magistrate in the judgments both dated 06.05.2021”.
The order was delivered by a Single Judge Bench of Justice K.Lakshman.
Further more the order said that the petitioner herein a foreign citizen staying in India in contravention of the Act.
As discussed above, learned Magistrate is not having power to order deportation of any foreign citizen even in case of violation of the provisions of the Act or otherwise.
Learned Magistrate has to confine his findings with regard to either acquittal or conviction of accused therein under Section 248 of the Cr.P.C., Learned Magistrate is not having power to order deportation of any foreign citizen for any violation. Therefore, in view of the above said discussion, judgments both dated 06.05.2021 in C.C.No.27 of 2020 and C.C.No.30 of 2020 ordering deportation of the petitioner/accused, an Ivory Coast National, is illegal and contrary to the provisions of Cr.P.C. It is also relevant to note that the Code of Criminal Procedure, does
not permit learned Magistrate to pass deportation order while
dealing with the above Calendar Cases.”
The petitioner, belonging to the Ivory Coast, who had come to India on employment visa had approached the High Court seeking quashing of the deportation orders by which the Magistrate had, after acquitted him in the criminal cases filed against him, directed the jail authorities to release him forthwith and also that he may be deported immediately to his native country, if there are no other cases pending against him in India.
The petitioner’s lawyer Mr.P.Sashi Kiran had submitted that there is procedure prescribed under the Foreigners Act, 1946 (for short, ‘the Act’) for deportation of a foreign citizen for violation of the provisions of the said Act, but learned Magistrate is not having power to order deportation of any foreign citizen for violation of the provisions of the Act.
Telangana High Court observed that A perusal of both the judgments would reveal that learned Magistrate did not give any reasons for ordering deportation of the petitioner. There is no reason mentioned by the learned Magistrate in the judgments both dated 06.05.2021 that the petitioner herein a foreign citizen staying in India in contravention of the Act. As discussed above, learned Magistrate is not having power to order deportation of any foreign citizen even in case of violation of the provisions of the Act or otherwise.
Telangana High Court however rejected the prayer of the petitioner seeking direction to release him from custody of the Cyber Crimes Police after observing thus:
deportation of a foreign national for any violation is specifically mentioned in the Act and Regulations mentioned therein. The Police have already invoked said procedure and an order dated 18.05.2021 was passed by the FRRO. The efforts are being made to send the petitioner to his native place.
The court has further directed the authorities to make an endeavour to deport the petitioner to his native place as early as possible after getting permission from the concerned authorities.
