Telangana HC: Magistrates Have No Power To Order Deportation Of Foreign Citizens

WHAT DID THE COURT SAY

• The Telangana High Court has stated that in case there's a violation of the Foreigner’s Act or otherwise, the Magistrate does not have the power to deport the foreign national under the Code of Criminal Procedure.
• Saying this, the Court quashed the two deportation orders of a foreign national.
• The decision was given by the Single Bench of Justice K Lakshman.
• It was also stated that the Magistrate would have to confine his findings under Section 248 of the CrPC regarding the acquittal or conviction of the accused.

WHAT WAS THE CASE

• The Petitioner belonged to Ivory Coast.
• He had arrived in India on an employment visa.
• The Magistrate had issued orders saying that if no further cases were pending against him in India, then he would be deported back to his native country.
• There had been a number of criminal cases filed against him and he had been acquitted from the charges following which deportation orders were issued.

LEGAL BACKGROUND

• The Magistrate has no legal power to deport a foreign national under Section 248 of CrPC.
• Moreover, as mentioned in the Foreigners Act, 1946, there is a specified process to a foreign citizen in case a violation of an Act has taken place.
• There were no reasons mentioned in the Magistrate’s judgement for the said deportation.
• Hence the order was held to be illegal and contrary to the CrPC.

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