HC raps US citizen for overstaying in India
Mumbai: Reprimanding a US citizen who has challenged his deportation from India, the Bombay High Court said on Monday the petitioner could not claim an entitlement to stay in the country just because he is from the United States.
"You accept there was a breach of your visa terms, then how can you claim an entitlement to stay in India?" the high court asked.
"What is so special about an American coming to India? Just because you are a US citizen, do you think you can come and do any jugaad (a flexible or innovative approach to problem solving) in this country?" it said.
"India is a great country for condoning. Everyone has a right here but no one has any responsibility," the HC remarked.
The observations came from a bench of justices S C Dharmadhikari and G S Patel while hearing a petition filed by 29-year-old Joshua Sadagursky.
Sadagursky was deported from the Mumbai airport in May 2018 after the authorities realised that he had breached his previous visa terms by overstaying in India and by taking up an employment in the country though his visa did not grant such a permission.
During his last visit to India between 2017 and 2018, he had overstayed and delayed approaching the Foreigner Regional Registration Offices concerned after his visa expired.
Sadagursky, who is now in the US and has not returned to India since, filed a plea in the high court challenging his deportation.
In his plea filed through his counsel Birendra Saraf, he argued that his deportation was "arbitrary" and he wasn't granted a fair hearing.
The petitioner also argued that he merely worked for an NGO in India and taught underprivileged children here, and therefore, such an engagement could not be considered as employment.
The court, however, remained unimpressed with the argument.
Referring to his working with the NGO, the court said, "So what? You are not doing any great service to India. You were in breach of your visa regulations."
The bench noted that Sadagursky had also overstayed in India on a previous occasion in 2012.
"Can anyone do this in America? You try going to JFK after overstaying and seek a hearing. They will immediately put you on a plane and send you back to your country," the high court said.
The court has reserved its verdict on Sadagursky's plea and will pass its orders in the coming weeks.
