Ker HC | Can a foreigner staying in a hotel different from that indicated on his arrival card make him offender under Foreigners Act?

Kerala High Court: T.V. Anilkumar, J. quashed the final police report against the petitioner which implicated him for offences under the Foreigners Act, 1946.

The petitioner, a British citizen with a British passport, landed in India at the International Airport, Thiruvananthapuram in February 2009.  The allegation against him was that contrary to the place of stay mentioned in the arrival card and handed over to the immigration authorities, he occupied a different hotel in Kollam and violated the relevant Rules and committed an offence punishable under Section 14 of the Foreigners Act, 1946.

The petitioner contended that even though he occupied a hotel different from what he had mentioned in the arrival card, he could not be imputed with any criminal liability inasmuch as he was holding a valid visa for the period in question.

The petitioner further contended that there were no allegations against him that he had committed any offences relating to national integrity or security affecting the country.

Rule 6 of the Registration of Foreigners Rules, 1992 which is very relevant in this context provides that a foreigner entering India shall submit a report to the Registration Officer specifying the details of stay which, however, is not necessary in respect of a person who is holding a valid visa for a period not more than 180 days and who does not remain in India beyond the said period.

The Court agreed with the contentions of the petitioner and reiterated that he was indeed a holder of a valid visa for his stay. Further, the mere change in hotels is in no way against the provisions of the Foreigners Act, 1946 or the Foreigners Rules, 1992.[Ahammed Muhammed Al Jalak v. State of Kerala, 2020 SCC OnLine Ker 3178, decided on 11-08-2020]

One comment

  • Avatar

    How come, the case has been registered and filed in the Kerala Court, that too against a British national, on flimsy ground that he stayed in a different hotel contrary to what he mentioned in the arrival card details given to the immigration authority. This would eventually dislodge the image of the country. Thank God, the Kerala Court rightly disposed off the case, notwithstanding it is a waste of time, energy and resources of the Court.

Join the discussion

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.