Karnataka High Court upholds 'Leave India Notice' issued to French national for violation of visa conditions

Bengaluru: The high court had upheld the “Leave India Notice” issued to a French national for violation of visa conditions and involvement in activities affecting public order. The court has directed the petitioner to leave India forthwith, within seven days.

The petition was filed by Christophe Stephane Monxion, challenging the notice issued by Foreigners Regional Registration Office (FRRO), Bengaluru on March 16. He sought directions to the authorities to consider representations submitted by him on March 24 and March 27 respectively. It was contended that the petitioner possesses a tourist visa, valid till November 24, 2026, and that the Leave India Notice is arbitrary, in violation of his fundamental rights.

On the other hand, Deputy Solicitor General of India Shanthi Bhushan H, submitted that the petitioner was involved in commercial activities by running a hotel for the past 15 years, which is a violation of visa conditions. It was further submitted that he had been involved in disputes with landowners and there were allegations of misconduct, including issuance of threats and inappropriate communications. The petitioner ran a hotel – Green International - at Hittlamakki in Gokarna.

After perusing the materials placed on record, including the reports of law enforcement agencies, Justice Magadum noted that in matters concerning foreign nationals, the State is vested with plenary powers to regulate their entry, stay, and exit, and such powers are an incident of sovereignty.

“The petitioner, having breached the conditions of his entry and having attracted adverse reports from law enforcement agencies, cannot seek equitable relief from this Court. Accordingly, this Court is of the considered opinion that the impugned “Leave India Notice” is a valid exercise of statutory power, does not suffer from arbitrariness or illegality, and is in consonance with the constitutional and statutory scheme governing foreign nationals. The petitioner, therefore, is liable to comply with the impugned notice and leave India forthwith,” the court said.