Karnataka High Court Demands Action Plan on Overstaying Foreign Nationals in Bengaluru
The Karnataka High Court has issued a significant directive to the state government, requiring it to document and present the specific steps taken to track and trace foreign nationals who are overstaying in Bengaluru without valid visas or proper registration with the Foreigners Regional Registration Officer (FRRO). This order came during a hearing on Tuesday, where the court expressed concern over what it described as the state's "astounding silence" in addressing such critical immigration issues.
Case Background: Nigerian Nationals Challenge Arrest Under NDPS Act
The directive emerged from a petition filed by two Nigerian citizens, Emeka James Iwoba and Uderike Fidelis, who sought to have their arrest under the Narcotics Drugs and Psychotropic Substances (NDPS) Act declared illegal. Their legal challenge centered on procedural violations, alleging they were not provided with grounds for their arrest and were not produced before a magistrate within the mandated 24-hour period for remand proceedings.
During the hearing, Deputy Solicitor General Shanthi Bhushan H informed the court that both petitioners had entered India in 2015 on business visas, with passports valid until 2018. He confirmed that they are currently overstaying in the country without any valid visa authorization, highlighting a failure to register with the FRRO as required by law.
Court's Stern Observations on Immigration Oversight
Justice M Nagaprasanna, presiding over the case, made pointed remarks regarding the lapses in monitoring foreign nationals. "What is the FRRO doing in such cases? If somebody is overstaying, forging a passport, and entering the nation, it is not a security threat," the bench observed orally, underscoring the potential risks to national security.
The DSGI further elaborated on the scale of the issue, presenting data that revealed 25,60,468 foreigners arrived at Bengaluru airport between 2021 and 2025, with an additional 10,547 arrivals at Mangaluru airport during the same period. He emphasized that the matter warrants thorough investigation, noting, "Today it may be Nigerian nationals, tomorrow it could be other nationalities which pose a serious threat to national security."
Legal Framework and Government Response
Under the Registration of Foreigners Act, 1939, registration with the FRRO is mandatory for all foreigners holding visas for periods exceeding six months, with certain exemptions. This registration must be completed within 14 days of their initial arrival in India. The court's direction aims to ensure compliance with these regulations and enhance oversight mechanisms.
In response to growing concerns, Karnataka Home Minister G Parameshwara recently informed the State Assembly that the government has intensified efforts to deport illegal immigrants. So far, authorities have identified 990 such individuals and successfully deported 511, representing more than half of those detected.
The court has reserved judgment on the merits of the petitioners' case, with a decision expected on Thursday. This ruling underscores the judiciary's proactive role in addressing gaps in immigration control and national security protocols.
