...governing principles, decisionally set down by this court in Batra and Sobraj? Has the court jurisdiction to decide prisoners' charges of violation of rights? If it has, can it meddle with the prison...and a middle ground has been found of intervening when constitutional rights or statutory prescriptions are transgressed to the injury of the prisoner and declining where lesser matters of institutional...shake prison top brass from the callous complacency of unaccountable autonomy within that walled-off world of humans held incommunicado. Whenever fundamental rights are flouted or legislative protection...

...person registered under sub-section (3) shall have, as from the date on which he has been detected to be a foreigner and till the expiry of a period of ten years from that date, the same rights and...the articles in Part III of the Constitution dealing with fundamental rights like Articles 19(1)(d) and (e) would not apply to a foreigner, yet he is entitled to the protection of Article 21 as the..., Nagaland, Tripura and Arunachal Pradesh and has been actively involved in issues concerning the rights of the people of Assam including the question of illegal migrants settled in the said State. The...

...ground runs —“That you are a foreigner within the meaning of the Foreigners Act, 1946 (Act 31 of 1946) and that it has become necessary to make arrangements for your...—* * *(b) if satisfied with respect to any person who is a foreigner within the meaning of the Foreigners Act, 1946 (31 of 1946), that with a view to regulating his continued...detention against a foreigner, on satisfaction,—“with a view to making arrangements for his expulsion from India”.12. The competence of the...

...Foreign Exchange Management Act, 1999 (42 of 1999), the OCI cardholder shall have the same rights and privileges as a foreigner.Explanation - For the purposes of this...the petitioners, that the foreigners also enjoy some fundamental rights under the Constitution of this country, is also of not much help to them. The fundamental right of the foreigner is confined to...understand the concept based on which the rights are being claimed by the petitioners, it is necessary to advert to the fact situation and the law governing them despite being classified as ‘foreigner...

...enforceability of the right conferred upon any person including a foreigner to move any court for the enforcement of the rights enshrined in Articles 14, 19, 21 and 22 of the Constitution.... Second, Article 21 is the sole repository of rights to life and personal liberty against the State. Any claim to a writ of habeas corpus is enforcement of Article 21 and, is, therefore...thereunder but in contravention thereof, his locus standi to move any court for the enforcement of his rights, conferred by Articles 21 and 22 of the Constitution was not barred. More or less, similar was...

...counsel for the parties and having perused the Petition Papers, this Court declines to grant indulgence in the matter for the following reasons: (a) Petitioner admittedly is a foreigner; the rights...misunderstanding. The above text of the said representation is not happily worded, to say the least; a foreigner who has apparently overstayed the Visa period cannot ask for an explanation from the host...Civil & Political Rights, 1966, does not permit expulsion of an alien from the territory of a host country except in accordance with law, is broadly true; Article 13 of the said Covenant reads as...

...Article 19 of the Constitution. It was well settled that no foreigner has got a right to have property in India and, therefore, the tenancy rights of the defendant's father in the..., 1957, and, thereafter, he did not return. The suit was filed on 7th April, 1958. Since the defendant's father migrated to Pakistan, he was not entitled to claim any fundamental rights under...rights of an evacuee could not vest in the Custodian, Evacuee Property. They would continue to remain with the erstwhile Evacuee. There is no definite finding that the defendant's father went to...

...the date when he is detected to be a foreigner, but he shall enjoy the same rights and obligations as a citizen of India, including the right to obtain a passport under the...under sub-section (3) shall have, as from the date on which he has been detected to be a foreigner and till the expiry of a period often years from that date, the same rights and obligations as a...) children were found to be Indian citizens. The wife, however, was concluded to be a foreigner. In WP(C) No. 1364/2008, while the husband was found to be not an Indian citizen along with the children, his...

...: his arguments: (5) The 4th respondent is a foreigner. The 4th respondent as a foreigner has no legal rights under our constitution to form the 3rd respondent - society. The formation...form associations contrary to the mandate contained in that article. It has nothing to do with the ordinary rights of the foreigner. In other words, article 19 (1) (c...executive authority. It reaches the subject whether a foreigner or a citizen only indirectly. In fact, fundamental rights, which are in essence injuctions against the exercise of state authority, do...

...not entitled to any guarantees or fundamental rights as a citizen is entitled to under the Constitution. A foreigner can be dangerous to security of India. His presence may be undesirable for security..., 1948. The relevant facts are as follows:2. The petitioner is a foreigner and is a national of Afghanistan. By an order dated June 3rd, 1957 made by the Dy. Secretary to the Government...generally or with respect to all foreigners or with respect to any particular foreigner or any prescribed class or description of foreigner, for prohibiting, regulating or restricting the entry of foreigners...

...enumerated human rights and fundamental freedom. It was contended that no such a law ensuring the right of a foreigner had been passed by the Government as indicated in Article 2. Therefore, it was argued that...a foreigner in the absence of an express law made by the Central Legisla­ture saving him the rights enumerated under Article 2 could not claim right to property while he was in India. I have not been...wholly fallacious to argue if the mere absence of a declaratory law as regards the foreigner should be construed as negative the rights of a foreigner which he ordinarily possessed...

...taken away by the Central Act. The rights or the conduct of a foreigner are matters which are specified and occupied by the Central Act, under the provisions of the Foreigners Act...a trustee of a temple, the Tamil Nadu Act had proposed to clamp down a disqualification and consequently impinging upon the rights of a foreigner to be a Trustee, which bar is not contemplated under...for consideration.22. As I have mentioned earlier, the issue has to be viewed from the angle of the rights of a foreigner as an individual and the power to curtail his rights and...

..., subject to domestic law.”The learned counsel submits that in view of the said convention to which India is a signatory, even a foreigner enjoys the rights under clause (2)(a) to (d...Article 21 of the Constitution. The rights granted either to a foreigner or to a citizen of India are subject to compelling state interests and permissible reasonable restriction which...India to study and practice ‘Vajrayana Buddhism’ and that he was practicing the teachings of ‘Buddhism’ taught by his Gurus, therefore, imposition of the limitation of travel on a Foreigner who is...

...Order. He does not. The reason is clear. The citizen of a Commonwealth has certain privileges and rights. The citizen of a Commonwealth has a status in between a foreigner and a citizen of India. He has...more rights than a foreigner but less rights than a citizen of India. A Commonwealth citizen does not by virtue of that alone become a citizen of all the different individual states composing the...Calcutta Police Act Has he any other right?39. The ordinary legal rights of a foreigner in a foreign country or of a person who is not a citizen of that country are vexed questions of...

...) and (e) are unavailable to foreigner nationals because these rights are conferred only on citizens. The machinery of Article 14 also cannot be invoked by foreign nationals. Rights under Articles 19(1...)(d) and (e) are expressly withheld to foreigner nationals. 9. The Constitution Bench of the Honourable Supreme Court in...

...unavailable to foreigner nationals because these rights are conferred only on citizens. The machinery of Article 14 also cannot be invoked by foreign nationals. Rights under Articles 19(1) (d) and (e) are...expressly withheld to foreigner nationals. 9. The Constitution Bench of the Honourable Supreme Court in Hans...

...the writ petitioner sought Indian citizenship though he was a foreigner claiming rights under domicile of choice. Their Lordships while considering his contention and the relief sought, opined that a...guaranteed under Article 19 since the claim was under Article 19 opined that a foreigner who did not acquire Indian citizenship under Article 5 was not entitled to claim rights under....13. The facts of the present case, would attract law laid down in the above case so far as the opinion of Apex Court that rights of foreigner is confined to Article 21 for life and liberty though...

...the authorities in that regard is beyond the preview of judicial review. The foreigner, while residing in India, cannot claim rights under Article 19 on the principle of equality contained in...is stated that the petitioner is a foreigner governed by the Foreigners Act, 1946; and grant of OCI registration does not amount to granting Indian Citizenship. In terms of Article 9...the Government of India to grant and/or terminate the registration of an overseas citizen who is a foreigner is unfettered, absolute and taken in exercise of its sovereign power. The administrative...

...554. It is mentioned that fundamental rights of the foreigner is confined to Article 21 for life and liberty and does not include right to reside and settle in this country as mentioned in...it is mentioned that the petitioner is ah Indian citizen and entitled to all the fundamental rights guaranteed by the Constitution. It is mentioned in the petition that the petitioner is married to...safety of her husband.5. It is mentioned in the petition that Indian state is bound by the principle of ‘non-refoulement’ which is non-return of a foreigner to a hostile territory. It is...