Mumbai:
The Bombay High Court has said foreigners stranded in India because of pending criminal cases cannot seek maintenance to sustain themselves.
Singapore national Zainab Yousuf (57) and her Japanese husband Teytsyo Hiryama (62) had sought maintenance from the state government.
Yousuf and Hiryama found themselves in an unusual predicament: acquitted and set free by High Court, but not having permission to leave country because the appeal is pending.
Advocate Ayaz Khan, their advocate, argued that they had no source of livelihood here. Relying on article 21 of Constitution (right to life), Khan moved High Court for maintenance.
The two were arrested at Chhatrapati Shivaji International Airport here for possession of Hashish and were convicted and sentenced to ten years imprisonment in 2006.
But in January 2009, they were acquitted by the High Court. However, customs appealed it in the Supreme Court, and authorities did not issue them 'exit visa'.
Yesterday, rejecting their plea, division Bench of Justices P B Majmudar and R G Ketkar said that "even for citizens of this country (India) who cannot maintain themselves, there is no policy to provide shelter and maintenance. At the most the petitioners may apply for a work permit."
The court agreed with additional solicitor general D J Khambata that foreigners cannot be on a higher footing than the Indian citizens.
However, since Yousuf is a cancer patient, High Court asked the government to help the couple avail free medical treatment at government hospital.
Singapore national Zainab Yousuf (57) and her Japanese husband Teytsyo Hiryama (62) had sought maintenance from the state government.
Yousuf and Hiryama found themselves in an unusual predicament: acquitted and set free by High Court, but not having permission to leave country because the appeal is pending.
Advocate Ayaz Khan, their advocate, argued that they had no source of livelihood here. Relying on article 21 of Constitution (right to life), Khan moved High Court for maintenance.
The two were arrested at Chhatrapati Shivaji International Airport here for possession of Hashish and were convicted and sentenced to ten years imprisonment in 2006.
But in January 2009, they were acquitted by the High Court. However, customs appealed it in the Supreme Court, and authorities did not issue them 'exit visa'.
Yesterday, rejecting their plea, division Bench of Justices P B Majmudar and R G Ketkar said that "even for citizens of this country (India) who cannot maintain themselves, there is no policy to provide shelter and maintenance. At the most the petitioners may apply for a work permit."
The court agreed with additional solicitor general D J Khambata that foreigners cannot be on a higher footing than the Indian citizens.
However, since Yousuf is a cancer patient, High Court asked the government to help the couple avail free medical treatment at government hospital.
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