Case Note & Summary
The petitioners, Iranian nationals, filed a writ petition under Article 226 of the Constitution of India challenging a restriction order dated 2nd November 2011 passed by the Foreign Regional Registration Officer and Deputy Commissioner of Police, Special Branch II, CID, Mumbai (Competent Authority) under Para 11(2) of the Foreigners Order, 1948. The petitioners were prosecuted by Dongri Police Station in C. R. No. 24/2009 under Sections 417, 419 of the Indian Penal Code read with Section 14 of the Foreigners Act, 1946 and Section 31 of the Representation of the People Act, 1950. They were granted bail during the pendency of the trial. The Competent Authority issued the restriction order noting that the petitioners held Iran National Passports issued at Mumbai on 13th February 2009 valid till 14th February 2014. The legal issues considered were whether the restriction order was valid and whether foreign nationals can claim fundamental rights under Article 19(1)(d) and (e) of the Constitution. The petitioners argued that the restriction order violated their fundamental rights to move freely and reside anywhere in India. The respondents, State of Maharashtra and Union of India, contended that foreign nationals are not entitled to these rights and the order was validly passed. The court analyzed that Article 19(1)(d) and (e) are available only to citizens, not to foreign nationals. The court held that the restriction order under Para 11(2) of the Foreigners Order, 1948 was valid and did not violate any fundamental rights. The court dismissed the petition, upholding the restriction order.
Headnote
A) Constitutional Law - Fundamental Rights - Foreign Nationals - Article 19(1)(d) and (e) of Constitution of India - Foreign nationals are not entitled to claim fundamental rights under Article 19(1)(d) and (e) which are available only to citizens - The restriction order under Para 11(2) of Foreigners Order, 1948 does not violate any fundamental right of the petitioners (Paras 5-10). B) Foreigners Act - Restriction Order - Para 11(2) of Foreigners Order, 1948 - Competent Authority has power to impose restrictions on movement and residence of foreign nationals - The order was passed after considering the criminal prosecution against petitioners under IPC and Foreigners Act - Held that the restriction order is valid and does not suffer from any legal infirmity (Paras 2-4, 11-15).
Issue of Consideration
Whether the restriction order passed under Para 11(2) of the Foreigners Order, 1948 against the petitioners is valid and whether foreign nationals can claim fundamental rights under Article 19(1)(d) and (e) of the Constitution of India.
Final Decision
The court dismissed the writ petition, upholding the restriction order dated 2nd November 2011 passed under Para 11(2) of the Foreigners Order, 1948.
Law Points
- Foreign nationals cannot claim fundamental rights under Article 19(1)(d) and (e)
- Restriction order under Para 11(2) of Foreigners Order
- 1948 is valid
- Competent Authority has power to impose restrictions on movement and residence of foreigners
