Gujarat HC dismisses plea of US citizen who was denied entry to India

The US citizen of Indian origin was deplaned him based on an endorsement on his US passport that he was convicted of child sexual harassment

The Gujarat high court on Saturday dismissed a plea filed by a US citizen of Indian origin challenging the Centre’s decision to deny him entry to India to attend his wedding celebration scheduled on Saturday. The Indian government deplaned him based on an endorsement on his US passport that he was convicted of child sexual harassment.

The US citizen said he wanted to be in his native place in Gujarat, where his wedding is scheduled to be held on Saturday. (Representative Image)

The petitioner, Dhanraj Patel, 30, was last month refused entry first at the Ahmedabad airport. He then tried to enter the country from Delhi, but the authorities deported him on December 27, 2022, to Dubai, from where he had boarded the flight.

Patel approached the high court questioning his deportation and subsequent cancellation of his visa on grounds of endorsement on his US passport that he is a convict in a child sexual harassment case. He wanted to be in his native place in Anand, where his wedding is scheduled to be formally held on January 7.

Patel was born in Karamsad, Anand. After completing his schooling up to Class 7 from a school in Karamsad, he left for USA at the age of 17 and obtained a US citizenship. He is at present working there.

In 2015, the petitioner was charged with sexual offence against a minor under Section 22 of the United State Codes 212b(c)(1). According to the petitioner, being unaware of the procedure of trial, he pleaded guilty. He was under probation and performed community service of 100 hours which he successfully completed on January 14, 2021 and was successfully discharged on April 1, 2021.

On becoming a US citizen, the petitioner’s Indian Passport was revoked and the petitioner was issued a USA passport. The petitioner had to surrender his existing US passport and was issued a fresh US passport with the endorsement that he is convicted of a sex offence against a minor. This was done by the US State.

“What is evident is that being an American passport holder, the petitioner cannot invoke Articles 14 and 19 of the Constitution of India on facts admittedly the petitioner is deplaned and is in Dubai. The petition has been filed and affirmed by the petitioner’s father. Life and liberty of a person not on the shore of India, cannot be invoked on his behalf when the individual himself is not in India,” justice Biren Vaishnav of Gujarat high court said in an oral order on Saturday.

During the proceedings, assistant solicitor general (ASG) Devang Vyas, appearing for the central government, had questioned the maintainability of Patel’s petition on grounds that he was not an Indian citizen and that he was not present in India. Vyas argued that a person sitting in Dubai cannot invoke Article 21 to submit that his life and liberty in India is endangered.

“In the present case, admittedly, the petitioner has been convicted as a sex offender and the endorsement is so made on his passport too. In the exercise of a statutory power flowing from the provisions of Section 3 of the Foreigners Act, 1946, guidelines have been issued that foreigners who are morally depraved are not permitted to enter the territorial limits of India. The country is within its rights to prescribe norms valid to prevent such people from setting foot on the Indian soil,” the court said in its order.

Section 3 of the Foreigners Act, 1946 empowers the central government to make provisions that may prevent a foreigner to enter India. In the course of arguments, ASG Vyas produced an office memorandum dated March 30, 2021 providing for revised guidelines for blacklisting of foreign nationals which inter alia provide that foreigners who are convicted of charges of rape etc. or foreigners who are found to be morally depraved can be placed in the Black List.

Facts on hand indicate that petitioner had been convicted as sex offender and therefore can safely be a foreigner morally depraved and therefore under the powers vested with the central government his entry can be prohibited, said justice Vaishnav’s order.

It further said, “The petition deserves to be dismissed and accordingly, it is dismissed with no order as to costs”.