Showing posts with label overseas citizen. Show all posts
Showing posts with label overseas citizen. Show all posts

Sunday, 8 May 2016

Whether overseas citizen can invoke Article 226 of constitution?

A foreign national is entitled to invoke Article 226 of the Constitution of India for redressal of breach of the rights available to him. The same would, therefore, be available to an overseas citizen of India as defined in Section 2(ee) of the Act of 1955 for redressal of infringement of the rights available to him. An overseas citizen therefore would have a right to approach the Court under Article 226 of the Constitution if any of the rights noted above are infringed.
45. The third issue is answered by holding that an overseas citizen can approach a Court under Article 226 of the Constitution of India for redressal of infringement of rights recognized to be available to him.
IN THE HIGH COURT OF CALCUTTA
W.P. No. 15515 (W) of 2014
Decided On: 28.01.2016
Kunal Saha Vs. The State of West Bengal and Ors.
Hon'ble Judges/Coram:Debangsu Basak, J.
Citation;AIR 2016(NOC)308 Cal
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