Bombay High Court quashes 'Leave India' notices issued to 69 Chinese nationals

In a relief to 69 Chinese nationals, the Bombay High Court on Friday quashed and set aside the 'Leave India' notices issued to them by the Foreigners Registration Officer, of Dadra and Nagar Haveli.

A division bench of Justice B P Dharmadhikari and Justice Sarang Kotwal, directed the authorities, to record statements of the Chinese nationals and the Indian company which had invited it within two weeks and pass a fresh order until then the notices issued are set aside. The bench questioned the issuance of notice without following due procedure, it said "In cases of visa violation don't the authorities have to follow principles of natural justice, give show cause notices and record statements." Counsel for the authorities conceded that there were procedural lapses and he blamed the Chinese nationals who did not know English, for the authorities inability to record their statements.

Pacific Cyber Technology Private Limited, which is involved in design, development and assembly of mobile phones, had invited the Chinese nationals, to visit its plants in Daman and Silvasa, to provide technical know and expertise, to its local workforce. The notices were issued to customer representatives, supplier representatives; and representatives of the Hong Kong Entities who were visiting the plants to provide technical guidance to companies' employees. The petition states that by the notices, the Chinese representatives have been directed to leave India immediately for misuse of their business visas, which is arbitrary and ex-facie illegal, as there is no such violation. The authorities defended their action by saying that during the visit to the plants the Chinese Nationals who are in India, on a business visa, cannot work as employees. For doing so they have to be on an employment visa, thus the action taken is bonafide.

The petition filed in the court states that it is in the benefit of the revenue of the country as the company is committed to the vision of the government to manufacture the products in India. This being so, it is not only imperative to stay the effect, operation and implementation of the notices. Further, restraint, the authorities from taking any coercive steps.