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Foreigners cannot get special treatment: High court

Court turns down foreign couple’s plea seeking living expenses from government.

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Tougher days are ahead for Singapore national Zainab Yousuf, 57, and her Japanese husband Teytsyo Hiryama, 62, who had sought living expenses from the state government while the customs challenged their acquittal in a narcotics case in the Supreme Court.

The Bombay high court on Monday turned down their plea for shelter and food from the government contending that the Foreigner’s Regional Registration Office (FRRO) had not issued exit permits to them even after their acquittal and they have no means of livelihood to sustain themselves in Mumbai.

Rejecting their prayer under Article 21 (protection of life and personal liberty) of the constitution of India for maintenance, justice PB Majmudar and justice RG Ketkar observed: “Even for citizens of this country who cannot maintain themselves, there is no policy to provide shelter and maintenance. At the most, the petitioners may apply for a work permit.”

The court agreed with additional solicitor general DJ Khambata that foreigners cannot be on a higher footing than Indian citizens.
The only reprieve that the foreign couple got from the court was free medical aid. Their advocates Ayaz Khan and Nilofer Saiyed told the court that Yousuf was a cancer patient and Hiryama had just undergone an eye surgery.

The court asked the state government to consider the couple as a special case and help them avail free treatment at government hospitals in the city.

The couple was arrested in 2000 at Chhatrapati Shivaji International Airport for illegal possession of Hashish and convicted and sentenced to 10 years imprisonment in 2006. In January 2009, they were, however, acquitted by the high court. As the time for the customs to appeal in supreme court has lapsed, they applied to the FRRO for an exit permit. DNA was the first to report their application for maintenance when the FRRO failed to act in June 2009.

The court was taken aback to learn that the couple was staying in India without a valid visa and told the customs: “Criminal cases against foreigners are increasing. Agencies should be more vigilant and file appeals on time to avoid such instances of unauthorised stay in India.”

Khan had urged the court to direct the government to frame guidelines for foreigners caught in legal tussles with the government. The court, however, said that it was up to the centre to frame a policy in this regard and the court cannot direct them to do it.

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