Karnataka HC directs home department to issue circular on verification of foreign nationals

Bengaluru: The Karnataka High Court has asked the Additional Chief Secretary (ACS), Home Department, to issue a circular or notification to all the institutions concerned, including educational and medical, on auditing and verification relating to the foreign nationals.

The court passed this interim order directing the ACS to issue such a circular/notification by June 18 observing that there is an urgent need for a comprehensive, coordinated, and transparent mechanism involving multiple authorities to monitor, regulate, and enforce compliance by foreign nationals residing in India.

“The phenomenon of overstaying by foreign nationals—i.e., remaining in India beyond the period permitted by their visa—has emerged as a significant concern. It is evident that such overstays have cascading implications, including but not limited to threats to national security, strain on local administration and law enforcement, challenges in public health tracking, and exploitation in informal employment sectors,” Justice Suraj Govindaraj said while dealing with a petition filed by six Syrian nationals.

The court has directed that the notification shall be addressed to all educational institutions (universities, private colleges, and language schools), all medical institutions (hospitals, diagnostic centres, and wellness centres), employers including business entities, NGOs, research organisations, and cultural bodies, state police, local authorities, intelligence bureaus, district collectors, and commissioners of police.

The circular/notification shall, among others, mandate that any engagement with foreign nationals must be immediately reported to the Foreigners Regional Registration Office (FRRO) in a prescribed format. All existing foreign nationals currently associated with such institutions must be audited and verified. Periodic status report must be filed with the FRRO and the state police. Failure to comply will attract civil, criminal, or administrative penalties under applicable laws, the court said.

The authorities have been directed to submit their affidavits/reports on or before July 16 to enable the matter to be taken up on July 21 to consider those aspects in formulating a standard operating procedure (SOP) or model guidelines for implementation, if found necessary, Justice Suraj Govindaraj said.

In the petition at hand, the petitioners, who are residing in the Banaswadi area of Bengaluru city, sought an extension of their visa, which expired in 2015 and also sought refugee status.

H Shanthi Bhushan, Deputy Solicitor General of India (DSGI), submitted that some of the petitioners were duly interviewed by the FRRO and their individual applications are under process in accordance with the applicable legal framework, including the provisions of the Foreigners Act, 1946, and allied rules.