Telangana High Court: Magistrate does not have power to order deportation of Foreign Citizen in case of Violation of Foreigners Act or otherwise.

Justice K Lakshman: by repealing two deportation orders issued by the magistrate in relation to a foreign citizen, the Telangana High Court has ruled that Under the CrPC a magistrate is no empowered to order the deportation of a foreigner in the event of a violation of the Foreigners Act or otherwise.

Further, he added that as mentioned above, the learned Magistrate has his conclusion on the discharge or conviction of the accused under sec 248 Cr., A learned Magistrate is not authorized to order the deportation of a foreigner for a violation.

The petitioner, who belongs to the Ivory Coast, who had entered India on a work visa, had gone to the high court to overturn the deportation orders that the Magistrate had granted, after acquitting him in criminal proceedings against him, he ordered the prison authorities to release him immediately and to deport him immediately to his home country if there were no further proceedings against him in India.

Adding to this, the court said that the reading out of both the judgments would show that the magistrate no cause to order the petitioner’s deportation. There is no reason to suggest that the petitioner is a foreign national residing in India in breach of the law.

Though, the court denied the petitioner’s request of his release from cybercrimes police custody. After findings: the deportation of a foreigner due to a criminal offense is expressly mentioned in the law and the ordinances mentioned therein, as the police have already invoked this procedure and the FRRO issued an order of May 18, 2021. The efforts are being made to ship the petitioner to his local place.

The court ordered the cyber crime police, FRRO and authorities of Hyderabad to effort to return the petitioner to his place of origin as soon as possible after obtaining approval from the relevant authorities.

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