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$--43 HIGH COURT OF DELHI
W.P.(CRL)2189/2015
RACHEL AOMAR Petitioner
Through Mr.Sameer Chandra with Mr.Wiqar Ahmed,Mr.Kapil Kumar and Mr. Sandeep Tyagi,Advocates
W.P.(CRL)2189/2015
RACHEL AOMAR Petitioner
Through Mr.Sameer Chandra with Mr.Wiqar Ahmed,Mr.Kapil Kumar and Mr. Sandeep Tyagi,Advocates
VERSUS
THE STATE
(NCT OF DELHI)& ORS Respondents
Through Mr.Rahul Mehra,Standing Counsel(Crl) with Mr.Amrit Singh,Advocate for
State.
Ms.Neelima Tripathi with Ms.Aastha Jain,Advocates for respondents no.2 and
4.
(NCT OF DELHI)& ORS Respondents
Through Mr.Rahul Mehra,Standing Counsel(Crl) with Mr.Amrit Singh,Advocate for
State.
Ms.Neelima Tripathi with Ms.Aastha Jain,Advocates for respondents no.2 and
4.
CORAM:
HON'BLE MR.JUSTICE G.S.SISTANI
HON'BLE MS.JUSTICE SANGITA DHINGRA SEHGAL
03.11.2015 Petitioner has prayed for issuance ofa writ ofhabeas corpus calling upon the respondents to forthwith produce Mr. Tochukwu Andrew
Ajemba(hereinafter referred to as 'detenue'). According to the petitioner, the detenue has been illegally detained by the respondents. It is submitted that the detenue is a Nigerian national and husband of the petitioner. His visa was extended on 08.10.2013 and thereafter on 09.10.2014. On 02.09.2015, he got married to the present petitioner. However,he has applied for extending ofvisa which was going to expire on 28.09.2015.
It is submitted thatthe detention ofthe husband ofthe petitioner is illegal and she is not aware ofhis whereabouts. Notice was issued in this matter.
Ms. Tripathi, learned counsel for respondents no.2 and 4 submits that husband ofthe petitioner has not been detained but his movements have been restricted as per Section 3(ii)(e)ofThe Foreigners Act,1946 on the ground that initially he had entered India on a Business Visa in the year 2010,thereafter,he visited India again in the year 2012on a Business Visa which was converted to a
2015:DHC:11101-DB Spouse Visa as he married an Indian national. Subsequently,the husband ofthe petitioner divorced his first wife on 16.04.2015, however, no information was provided to FRRO only to remarry the petitioner herein on 02.09.2015.
Learned counsel for respondents no.2 and 4 submits that the movements ofthe husband ofthe petitioner and his activities are required to be investigated as national interestisinvolved and accordingly,the order has been passed.
Today, learned counsel for the respondents has handed over in Court a copy oforder dated 21.10.2015 by which the detenue isto be deported outofthe country. Learned counsel for the petitioner submits that in case the visa is not renewed,the petitioner would himselfleave the country.
In view ofthe detention order so passed,no further orders are required to be passed in this petition. Leave granted to the petitioner to avail such remedy as available in accordance with law to challenge the said order.
The writ petition stands disposed of.
'-r.
G.S.SISTANI,J NOVEMBER 03,2015 pst SANGITApflNGRArSEHGAL,J
HON'BLE MS.JUSTICE SANGITA DHINGRA SEHGAL
03.11.2015 Petitioner has prayed for issuance ofa writ ofhabeas corpus calling upon the respondents to forthwith produce Mr. Tochukwu Andrew
Ajemba(hereinafter referred to as 'detenue'). According to the petitioner, the detenue has been illegally detained by the respondents. It is submitted that the detenue is a Nigerian national and husband of the petitioner. His visa was extended on 08.10.2013 and thereafter on 09.10.2014. On 02.09.2015, he got married to the present petitioner. However,he has applied for extending ofvisa which was going to expire on 28.09.2015.
It is submitted thatthe detention ofthe husband ofthe petitioner is illegal and she is not aware ofhis whereabouts. Notice was issued in this matter.
Ms. Tripathi, learned counsel for respondents no.2 and 4 submits that husband ofthe petitioner has not been detained but his movements have been restricted as per Section 3(ii)(e)ofThe Foreigners Act,1946 on the ground that initially he had entered India on a Business Visa in the year 2010,thereafter,he visited India again in the year 2012on a Business Visa which was converted to a
2015:DHC:11101-DB Spouse Visa as he married an Indian national. Subsequently,the husband ofthe petitioner divorced his first wife on 16.04.2015, however, no information was provided to FRRO only to remarry the petitioner herein on 02.09.2015.
Learned counsel for respondents no.2 and 4 submits that the movements ofthe husband ofthe petitioner and his activities are required to be investigated as national interestisinvolved and accordingly,the order has been passed.
Today, learned counsel for the respondents has handed over in Court a copy oforder dated 21.10.2015 by which the detenue isto be deported outofthe country. Learned counsel for the petitioner submits that in case the visa is not renewed,the petitioner would himselfleave the country.
In view ofthe detention order so passed,no further orders are required to be passed in this petition. Leave granted to the petitioner to avail such remedy as available in accordance with law to challenge the said order.
The writ petition stands disposed of.
'-r.
G.S.SISTANI,J NOVEMBER 03,2015 pst SANGITApflNGRArSEHGAL,J
W.P.(CRL)2189/2015 2/2
2015:DHC:11101-DB
2015:DHC:11101-DB
JUDGMENT