With his tourist visa having expired and an exit visa yet to be issued, he is now an
‘illegal immigrant’ On March 31, when Erez Schwartz, 25, was acquitted by a narcotics court of the charge of possessing drugs, he longed to get back to his home in Israel.
Schwartz had spent nearly three years in jail as an under-trial since his arrest in May 2005 from the Mumbai international airport for allegedly carrying drugs.
After his acquittal, a relieved Schwartz applied to the Foreigners Regional Registration Office (FRRO) for an exit visa to return home. His tourist visa, on which the small-time businessman dealing in cosmetics had travelled to India, had expired while he was in custody.
Despite repeated applications, Schwartz got no response from the FRRO. He learnt that the police were contemplating filing an appeal against his acquittal and had requested the authorities not to allow him to leave the country or to issue him an exit visa.
Schwartz now found himself in a Catch-22 situation. His tourist visa had already expired. With the FRRO refusing to issue him a fresh visa to stay on or an exit visa to legally leave the country, his status in India was reduced to that of an illegal immigrant.
Fearing further prosecution, Schwartz moved the Bombay High Court seeking a direction to the FRRO to either issue him an exit visa or to legalise his stay by issuing the relevant visa.
His lawyers Ayaz Khan and Niloufer Saiyed pointed out that even if the police filed an appeal against the acquittal it could be years before it came up for hearing. They pointed out that despite their client’s acquittal, the refusal of the FRRO to legalise his stay had made Schwartz prone to further prosecution if caught without valid papers.
“What is his status in India?” Justice Bilal Nazki and Justice AA Kumbhakoni asked the government lawyer on being told of Schwartz’s predicament. They directed the FRRO to issue Schwartz a visa to stay on in India and have kept the case for further hearing on October 1.
Schwartz’s petition pointed out that several foreigners accused in narcotics cases were being forced to live illegally in the country. “Many foreigners are facing this problem. They are forced to stay in India without valid visas and use illegal means to leave the country,” the petition stated.
The petition said that Schwartz had been acquitted and did not want to resort to illegal means to flee the country and risk further prosecution. It said that the cost of living in Mumbai is exorbitant and without a visa Schwartz is unable to take up employment. He is, therefore, dependent on his family in Israel to send him money for survival.
m_anshika@dnaindia.net
