Dismissing a habeas corpus petition relating to a suspected Bangladeshi national, the Delhi High Court observed that the Indian Constitution does not permit a foreign national to claim the right to reside and settle in India, and the fundamental right of foreigners is the right to liberty of life. Is limited to.

Rejecting the habeas corpus petition of the relatives of Ajal Chakma regarding illegal detention without authority, the court said that a foreign national cannot claim that he has been detained as per Article 19(1)(e) of the Constitution of India. Have the right to reside and settle in India.

A bench of Justice Suresh Kumar Kait and Justice Manoj Jain said that Chakma has itself to blame for its problems. The court said Chakma could not explain how he came back to India when he had left the country on a Bangladeshi passport.

The petition said that the Chakma was caught at Delhi's Indira Gandhi International Airport in October 2022. According to the petition, Chakma holds Indian citizenship by birth and received his early education in Gomti in Tripura and later in Shillong in Meghalaya. It was argued that he has lived in India all his life except for a very brief period, and he holds an Indian passport, Aadhar card, PAN card and runs a business in Kolkata.

However, the Foreigners Regional Registration Office (FRRO) argued that the man was caught during immigration clearance at the IGI airport when he was attempting to depart for Dhaka, the capital of Bangladesh, using a fraudulently obtained Indian passport. 

Officials, after investigation, claimed that Chakma had been visiting India on passports issued by Bangladesh on the basis of several Indian visas till the year 2016. It also claimed that he had left India in June 2016 on a Bangladeshi passport and it was not known how he entered India later. His passport was canceled by Indian authorities in June 2023. The court was informed that he would be deported as soon as the authorities get a confirmed air ticket for him from the Bangladesh Embassy.