Dec 25 2015 : The Times of India (Chennai)
Madras HC quashes collector's order to deport US national
A Subramani
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Chennai:
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An expulsion order served on a US national and his family to leave India for having violated visa rules by resorting to proselytisation and religious propaganda in Ooty , has been quashed by the Madras high court.The order slapped on Gregory Omar Malstead and his three family members by the Nilgiris collector asking them to leave India within a week was set aside by Justice K Kalyanasundaram on Thursday , after a special sitting here.
Malstead had challenged validity of the expulsion order on the ground that they were all Persons of India Origin (PIO) card-holders. Asking the district collector to hold fresh hearing, the court made it clear that the US nationals would not be asked to leave India for two weeks, even if another adverse order was passed by the district collector after fresh hearing.
Rabu Manohar, senior central government standing counsel, however, argued be fore the court that Gregory Omar Malstead indulged in proselytisation and religious propaganda in the guise of human rights activities.
Additional government pleader P Sanjai Gandhi said the action was taken on the basis of inputs from bureau of immigration officials, ministry of external affairs. The impugned order was passed under Section 3 of Foreigners Act and in national interest , he said.
Malstead had knocked the doors of the Madras high court saying he was a human rights activist who had been working with a service organisation that exposed the cause of women who were trafficked into prostitution.While working with an NGO in Mumbai, his firm had moved the Bombay high court opposing routine grant of bail for offenders under Immoral Trafficking (Prevention) Act.On October 30, 215 the court laid down stringent conditions for grant of bail in such cases and appreciated the efforts of the NGO.
Malstead had challenged validity of the expulsion order on the ground that they were all Persons of India Origin (PIO) card-holders. Asking the district collector to hold fresh hearing, the court made it clear that the US nationals would not be asked to leave India for two weeks, even if another adverse order was passed by the district collector after fresh hearing.
Rabu Manohar, senior central government standing counsel, however, argued be fore the court that Gregory Omar Malstead indulged in proselytisation and religious propaganda in the guise of human rights activities.
Additional government pleader P Sanjai Gandhi said the action was taken on the basis of inputs from bureau of immigration officials, ministry of external affairs. The impugned order was passed under Section 3 of Foreigners Act and in national interest , he said.
Malstead had knocked the doors of the Madras high court saying he was a human rights activist who had been working with a service organisation that exposed the cause of women who were trafficked into prostitution.While working with an NGO in Mumbai, his firm had moved the Bombay high court opposing routine grant of bail for offenders under Immoral Trafficking (Prevention) Act.On October 30, 215 the court laid down stringent conditions for grant of bail in such cases and appreciated the efforts of the NGO.
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