Debanjan Sen (Adv.) 04 December 2013
I have come across a case of a Bangladeshi. The JMFC trying the case has convicted the person. He has also ordered for repatriation back to Bangladesh. However, as per Section 3 of the Foreigners Act, only the Central Government can order repatriation.
Are my esteemed colleagues aware of any order that delegates the authority to the court trying the case under Section 14A of the Foreigners Act?
Debanjan Sen (Adv.) 14 December 2013
I have searched but couldn't find anything that gives power to a Magistrate to order for deportation of a foreigner. I believe it is safe to say that a Magistrate who passes an order of deportation, does so illegally and without any legislative sanction. I would request my esteemed colleagues to share their thoughts on this.
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