No deportation without giving reasons: SC | india | Hindustan Times
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No deportation without giving reasons: SC

The judgement was delivered on the petition of a man, who was born in India to parents holding Iranian citizenship, and was deported, to Tehran.

india Updated: Mar 26, 2006 12:46 IST

The Supreme Court has held that a foreigner entering the country on grant of Single Entry Permit could not be deported abruptly without assigning the reasons for taking such a step.

A Bench comprising Justice B P Singh and Justice Altamas Kabir said the reasons disclosed must be sufficient to enable a person of other nation, who was granted Single Entry Visa for a particular period to make an effective representation.

The judgement was delivered on the petition of a man, who was born in India to parents holding Iranian citizenship, and was deported, to Tehran.

Hasan Ali Raihany, who was educated in India, was never informed why a decision was taken to deport him. He, however, applied again to the Indian Embassy in Tehran to grant him entry visa to enable him to settle his pending matters.

He was given a Single Entry Permit from November 8, 2005 to February 8, 2006.

The question which was put to the apex court to decide was if the authorities intend to deport him again, would they be obliged to disclose him the reasons for his proposed deportation.

Interpreting the law on the issue, Justice Singh, writing the judgement for the Bench, said "having regard to the facts and circumstances of the case, particularly, having regard to the fact that he has entered this country legally upon the Single Entry Permit issued to him, it is only fair that the competent authority must inform him the reasons for his deportation."