HASAN ALI RAIHANY versus UOI AND ORS.

HASAN ALI RAIHANY versus UOI AND ORS.

The competent authority must inform the petitioner, who entered India legally, of the reasons for deportation and give him an opportunity to make a representation before any expulsion decision is carried out, unless there are compelling reasons of national security.

Parties
Petitioner: Hasan Ali Raihany; Respondents: Union of India and Others
Jurisdiction
India
Judgment Date
09 March 2006
Procedural Posture
Writ Petition (criminal) / Final
Outcome
Writ Petition disposed of; Special Leave Petition dismissed as infructuous.
Legal Topics
Deportation, Expulsion of Aliens, Naturalisation, Right to Representation
International Law Constitutional Law Deportation Expulsion of Aliens Naturalisation Right to Representation

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Parties

Hasan Ali Raihany

Petitioner

Union of India and Others

Respondents

Procedural Posture

Writ Petition (criminal) / Final

Legal Issues

  1. 1 Whether the petitioner, who entered India legally on a Single Entry Permit, should be informed of reasons for deportation and allowed to make a representation before any adverse action is taken.

Ratio Decidendi

The competent authority must inform the petitioner, who entered India legally, of the reasons for deportation and give him an opportunity to make a representation before any expulsion decision is carried out, unless there are compelling reasons of national security.

Court Disposition

Writ Petition disposed of; Special Leave Petition dismissed as infructuous.

Orders

  • Competent authority (Deputy Commissioner of Police and FRRO, Mumbai) must communicate reasons for proposed deportation to petitioner.
  • Petitioner given two weeks to submit representation, which shall be considered by competent authority.