can a foreign citizen file wr
rameshkumar
(Querist) 16 May 2008
This query is : Resolved
can a foreign citizen file writ petition in india ? detiled explanation with authorirties
david vijaykumar
(Expert) 16 May 2008
Writ jurisdiction conferred under Article 226 on High Courts of States and 32 on Supreme Court of India can be invoked only by citizens of India when their fundamental rights are infringed. Since a foreigner does not have fundamental rights within the territory of India, he cannot invoke writ jurisdiction. - This is my personal opinion.
H. S. Thukral
(Expert) 16 May 2008
Would you Mr. Kumar tell me that whether a foreigner detained in india illegally can file a writ petition invoking juridiction of High Court/SC for his release? Or whether a foreigner in India does not have equality before law or equal protection of law? Does the trial of a foreigner for any offence in India takes place according to any special statue? Right to life under article 21 and right of equality before law are applicable to every person and not to only citizen. Aforesaid also provides answer to the query.
amit gupta_lawyer
(Expert) 18 May 2008
i totally agree with Mr.harbajan thukral coz the purpose of writ petition is to provide justice to all who are effected by govt authorites or in any other sense how ever this facility is not only for the citizen of this country but for foriegn national also in case if he is effected with it and under art. 226 is to file writ in high court and art. 32 is to file writ before supreme court. and type of writs are mandumus, cetrioi, habeus corpus etc
rameshkumar
(Querist) 22 May 2008
thank you learned brothers i know foreign citizen can file writ petition in India but friends of mine wanted citations on that regards.I think, it might came from interpretations. Anyhow very thank you once again
