New Delhi [India], September 29 (ANI): The Delhi High Court has ruled that humanitarian considerations cannot be used to override the statutory framework governing the entry and stay of foreign nationals in India.
The court dismissed a petition filed by an Afghan national lodged at the Lampur Detention Centre. Justice Sanjeev Narula observed that while courts have the power to prevent arbitrary detention, they cannot create a right to reside in India where such a right is not provided under law. The petitioner, convicted under Section 14 of the Foreigners Act, 1946, sought release relying on a refugee certificate issued by the United Nations High Commissioner for Refugees (UNHCR).
The court noted that India is not a signatory to the 1951 Refugee Convention or the 1967 Protocol, and that UNHCR certification does not confer any enforceable legal status under Indian law. “The deportation of a foreign national is within the exclusive domain of the executive, subject to compliance with law and fair procedure,” the court stated, citing Supreme Court rulings in Hans Muller of Nurenburg v. Superintendent, Presidency Jail and Louis De Raedt v. Union of India, which affirmed that foreigners do not enjoy a fundamental right to reside or settle in India.
Justice Narula emphasised that judicial review in such matters is limited to ensuring legality and fairness in deportation proceedings, not granting residence rights. “Courts may intervene to prevent arbitrary or unlawful detention, but not to recognise or create a right to reside in India where none exists in law,” the order stated.
The court acknowledged the petitioner’s plea for relief on humanitarian grounds, recognising the hardships deportation could cause, but stressed that “such considerations cannot override the statutory framework.” It noted that without a valid visa or recognition by the Union Government, no legal entitlement to stay exists.
The petition was dismissed, and the court declined to issue a writ of mandamus for release, leaving it to the authorities to conclude deportation proceedings in compliance with law, while ensuring due regard to the petitioner’s medical and humanitarian needs during custody.
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