Singapore couple's case baffles Bombay High Court


PTI 6 January 2010, 09:51pm IST

MUMBAI: Is Indian government required to take care of foreign nationals who are stuck in India because of pending criminal cases? This is a question which has baffled Bombay High Court.

Foreign nationals don't have all the fundamental rights which Indian citizens enjoy, but they do have right to life, given by Article 21 of Indian constitution.

The High Court is dealing with a petition filed by a Singaporean couple -- Zainab Yousuf and her husband Tetsyo Hiryama -- for maintenance, as they are not permitted to go back to their country pending an appeal.

They faced a narcotics case, but were absolved of charges by High Court. However, since customs department has filed an appeal in Supreme Court, the apex court has directed them not to leave the country.

The couple is facing dire situation here, as Zainab is a cancer patient and they have no source of livelihood, said their lawyer, Ayaz Khan.

He alleged that ordinarily they could have left the country after they were acquitted by High Court, but they were not given exit visa, and after much delay, appeal was filed.

Either they should be allowed to go, or government should pay them maintenance and medical expenses, he said.

Terming it a "unique situation", Division led by Justices P B Majumdar asked additional solicitor general Darius Khambata to examine what rights foreign nationals enjoy under Article 21.

 http://timesofindia.indiatimes.com/india/Singapore-couples-case-baffles-Bombay-High-Court/articleshow/5417668.cms