Karnataka High Court asks state to trace overstaying foreign nationals in Bengaluru

Bengaluru: The Karnataka High Court on Tuesday directed the state government to place on record the steps taken to track and trace foreign nationals overstaying in Bengaluru without valid visas or without registering with the Foreigners Regional Registration Office (FRRO).

Justice M Nagaprasanna issued the direction while hearing a petition filed by two Nigerian nationals — Emeka James Iwoba and Uderike Fidelis — who have been booked under the Narcotic Drugs and Psychotropic Substances (NDPS) Act.

The petitioners sought a declaration that their arrest under the NDPS Act was illegal, claiming they were not informed of the grounds of arrest at the time of apprehension and were not produced before a magistrate within 24 hours.

The Sampigehalli police had arrested them on May 12, 2024, and allegedly recovered banned substances from their possession.

Appearing for the FRRO, Deputy Solicitor General of India H Shanthi Bhushan submitted that the petitioners had entered India in 2015 on business visas, which expired in 2018. He also informed the court that the petitioners had allegedly resorted to impersonation.

Bhushan further submitted that several foreign nationals fail to register with the FRRO. He informed the court that between 2021 and 2025, as many as 25,60,468 foreigners arrived in Bengaluru, while 10,547 arrived at the Mangaluru airport. He also pointed out that certain educational institutions admit foreign nationals on visas and later issue transfer certificates enabling them to change institutions.

At this stage, Justice Nagaprasanna questioned why authorities were not taking action against foreigners found overstaying on the basis of forged documents.

The court adjourned the matter, observing that it would consider whether the arrested foreigners could claim protection under Article 22 of the Constitution, which safeguards against arbitrary arrest and detention.

“Meanwhile, the state government shall place on record the steps taken to track and trace foreign nationals overstaying in the city without valid visas or without registration with the FRRO,” the court said.