The Allahabad High Court on Wednesday heard a Habeas Corpus Writ petition filed by two Nigerian nationals. The Court observed, “It is unfortunate that the Petitioners who have moved before this Court for challenging their illegal detention have themselves hid the material fact that their Visas had already expired nine years ago and they were living illegally in the country, and had been arrested by the Police on 24.9.2019."
A Division Bench of Justices Ramesh Sinha and Samit Gopal have asked the response from the concerned authorities regarding the petitioners, Chisana Victor Obioha and Chima Paul Ugochukwu.
The Court ordered the Additional Commissioner of Police, Gautum Budh Nagar to file his personal affidavit in the issue within three days regarding the instructions which have been placed by Additional Government Advocate before the Court.
The Additional Government Advocate had stated before the Court that the Petitioners visited India on 26.12.2010 and 5.1.2010 respectively and their Visas expired in the year 2011 and 2010 and they were staying in the country without any valid Visa.
He also stated that for getting relevant travel documents of the Petitioners, letters were sent to the Nigerian Embassy in 2019 and 2020. The Union Ministry of Home Affairs was also asked to deport the Petitioners followed by the contact with the Nigerian Embassy.
The Division bench asked the concerned authority of the Union of India to submit a personal affidavit related to this by the next date, if he fails to appear in person.
The court also asked the concerned authority to submit what reply it received from the Nigerian Embassy with regard to the communication made on 23.7.2020.
The State has assured the Court about the necessary facilities that are being provided to the Petitioners like health, hygiene and also precautions against Covid 19 in the detention centre.
Matter will be now heard on 24.11. 2020.