HC seeks govt’s response on 2 Nigerians’ deportation

Prayagraj: The Allahabad High Court has taken a serious note of two Nigerian nationals staying in India without visa for nine years and concealment of this fact by them in their petition challenging their detention. The court sought response from the Union government regarding response of Nigerian Embassy regarding their deportation.
The court passed the order after UP government’s counsel informed the petitioners’ visa had expired and were hence detained.
Hearing a habeas corpus writ petition, a division bench comprising Justice Ramesh Sinha and Justice Samit Gopal observed, “It is unfortunate that the petitioners, who have come to this court to challenging their detention, have concealed the material fact that their visa had already expired and they have remained in the country without any valid visa for about nine years and had hence been arrested by police on September 24, 2019. When a pointed query was made about the concealment of the said fact, the counsel for the petitioners failed to give any satisfactory reply.”
UP government’s counsel had produced a copy of a letter from the Additional Police Commissioner, Gautam Budh Nagar dated November 16, 2020 informing that the petitioners, namely, Chinasa Victor Obioha and Chima Paul Ugochukwu came to India in 2010. Their visa expired in 2011, yet they remained in the country and were hence arrested on September 24, 2019. It further stated a letter was sent to the Nigerian Embassy for obtaining relevant travel documents of the petitioners. A request for their deportation was made to the Union Ministry of Home Affairs which sent a letter dated July 23, 2020 to the Nigerian Embassy in this regard.
The government counsel informed the court that the petitioners are being provided all necessary facilities in detention and regular health checkups during pandemic.
Taking the information provided by the state government on record, the court directed the additional commissioner of police, Gautam Budh Nagar to file his affidavit in the matter within three days bringing on record the information, which has been placed by the state counsel before the court.
Besides, the court also directed the central government to file its counter affidavit in this regard on the next date of hearing failing which its competent authority shall appear in person before this court on the next date. The court directed that the competent authority of Govnment of India shall also inform this court as to what reply it has received from the Nigerian Embassy in pursuance of its communication dated July 23, 2020 regarding deportation of petitioners.
The court directed to list this matter on November 24, 2020 for the next hearing.
In the writ petition, it has been alleged that both the petitioners have been detained illegally at Surajpur Police Lines, 49 Battalion, Greater Noida, Uttar Pradesh since September 24, 2019. The petition requested the court to direct that both be released with immediate effect.
According to the petition, the wife of one of the persons is currently residing in Delhi. It was further alleged that these persons have not been produced in any court till the drawing of the present petition