Law correspondent, Prayagraj. The Allahabad High Court has said that the Sessions Court has not ordered the deportation of the petitioner, a citizen of Burma (Myanmar), but has only suggested that action be taken as per rules after acquittal. Making this comment, the single bench of Justice Anil Kumar (10th) has rejected the revision petition of Rashida Begum caught in Maharajganj. The petition was filed against the order passed by the court of Additional Sessions Judge, Maharajganj on May 22, 2024.
The trial court had found him guilty of an offense under Section 14-A of the Foreigners Act, 1946 and imposed a fine of Rs 10,000 along with two years' imprisonment. It was said that in case of non-payment of fine, he would have to undergo additional imprisonment of two months. It was also said that after completion of the sentence, Rashida will be sent to her country Burma (Myanmar) as per the rules. The petitioner's lawyer said that the trial court does not have the right to give such an order.
The petition challenges only paragraph 34 of the Sessions Court order.
It was said that the petition only challenges paragraph 34 of the Sessions Court order, which directs the deportation of the appellant back to Myanmar. The Sessions Court has no authority to give such direction, especially when the applicant has valid identity documents proving him to be an Indian citizen. The bench said the words 'as per rules' and 'take action as per rules' do not mean that the court has ordered deportation.
Before this, the process has to be completed as per law. This includes giving the person concerned an opportunity to be heard and protection of his rights. The court's role is only to ensure that the process is carried out in accordance with the law, and not to order deportation. The decision of deportation has to be taken by the concerned authorities. On behalf of the government, it was said that there is no mistake in the order of the Sessions Court, because it is not an instruction, but a suggestion.
The High Court said, there is no mistake in the order of the Sessions Court. The order of the Sessions Court does not say that the petitioner should definitely be sent back to his country, but it says that necessary action should be taken. Therefore the revision petition is dismissed.