The Karnataka High Court on Tuesday directed the government to provide a comprehensive response regarding measures taken to identify and trace foreign nationals who are overstaying in Bengaluru without valid visas or proper registration with the Foreigners' Regional Registration Office (FRRO).
Court Questions Authorities on Visa Compliance
Justice M Nagaprasanna issued this oral direction during the hearing of a petition filed by two Nigerian nationals — Emeka James Iwoba and Uderike Fidelis — who have been charged under the Narcotic Drugs and Psychotropic Substances (NDPS) Act. The petitioners challenged the legality of their arrest, alleging procedural violations during their detention.
Petitioners' Allegations and Government's Response
The Nigerian nationals contended that they were not informed of the reasons for their arrest at the time of detention and were not produced before a magistrate within the mandatory 24-hour period as required by law. They sought a formal declaration that their arrest under the NDPS Act was illegal and unconstitutional.
During the proceedings, deputy solicitor general of India H Shanthi Bhushan, representing the FRRO, presented crucial information about the petitioners' immigration status. He revealed that both individuals had entered India in 2015 on business visas that expired in 2018. Furthermore, they had failed to register themselves with the FRRO, which is a mandatory requirement for all foreign nationals staying in the country beyond specific durations.
Court Raises Concerns About Systematic Oversight
Justice Nagaprasanna expressed serious concerns about the apparent lack of action against foreigners who continue to stay in the country using forged or invalid documents. The court specifically questioned why authorities were not taking decisive measures against such violations of immigration laws.
The government counsel informed the court that the primary responsibility for dealing with cases of overstaying foreigners rests with the central and state governments. This admission highlighted the need for coordinated efforts between various administrative bodies to address this growing concern.
Revealing Immigration Statistics
Presenting significant data before the court, Bhushan shared immigration statistics that underscored the scale of foreign arrivals in Karnataka. Between 2021 and 2025, approximately 25.6 lakh foreign nationals arrived at Kempegowda International Airport in Bengaluru, while 10,547 foreigners landed at Mangaluru International Airport during the same period.
These substantial numbers emphasize the importance of robust monitoring systems and proper documentation procedures for foreign visitors. The court's intervention comes at a crucial time when urban centers like Bengaluru are experiencing increased international migration and tourism.
Broader Implications for Immigration Management
The High Court's directive represents a significant development in immigration oversight and foreign national management in one of India's most cosmopolitan cities. Bengaluru, as a major technology and business hub, attracts thousands of foreign professionals, students, and visitors annually, making proper documentation and compliance essential for both security and administrative purposes.
The case highlights several critical aspects of foreign national management:
- The importance of timely FRRO registration for all eligible foreign nationals
- The need for systematic tracking of visa expiration dates
- Procedural compliance during arrests of foreign nationals
- Coordination between immigration authorities and law enforcement agencies
As the government prepares its detailed response to the High Court's queries, this case is expected to set important precedents for how Indian authorities handle cases of visa violations and overstaying foreigners. The outcome could potentially lead to stricter enforcement mechanisms and improved monitoring systems to ensure compliance with immigration regulations.
