‘Leave shores of nation’: Why Karnataka High Court wants this Nigerian man to exit India

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Onuoha Agha provided an undertaking to the Karnataka High Court stating his willingness to return to Nigeria immediately. He had been accused of cheating and forgery. (Image generated using AI)Karnataka High Court news: The Karnataka High Court recently directed a Nigerian national to “leave the shores of this nation” and ordered the state and cybercrime police authorities to withdraw criminal proceedings pending against him, noting that he had been detained for two years.Justice M Nagaprasanna was hearing the plea of the Nigerian national, Onuoha Agha, who was charged under the Foreigners Act, 1946, the Information Technology Act, 2000, and various provisions of the Indian Penal Code (IPC).Agha, 42, provided an undertaking to the Karnataka High Court stating his willingness to return to Nigeria immediately. He was detained in custody for the last two years in a cyber fraud case and was accused of cheating, forgery of records, and conspiracy.Also Read | ‘I came back next morning’: Gauhati High Court flags ‘porous’ India-Bangladesh border after deported man reappears“In the light of the undertaking as afore-quoted, the only direction that can be granted to the petitioner is that he shall forthwith leave the shores of this nation,” the Karnataka High Court said in its April 6 order. The ruling highlights a pragmatic judicial approach toward foreign nationals detained for mid-level offences who are willing to self-deport. Justice M Nagaprasanna directed the petitioner to obtain emergency travel documents from the Consulate of Nigeria.‘Deport as per SOP’The Karnataka High Court directed that the Foreigners’ Regional Registration Office (FRRO) take immediate steps to deport the petitioner out of the shores of this nation at his own costs, in terms of the standard operating procedure (SOP).It was also placed on record that the man was also booked under Section 14 of the Foreigners Act, 1946, which deals with punishment for any foreigner who violates the Act, its orders, or visa conditions. Such offenders face imprisonment for up to five years, fines or both in such cases.The Karnataka High Court, therefore, noted that the offences charged against the petitioner are ones punishable with imprisonment for less than seven years.It directed the state and the cybercrime police authority to withdraw the criminal cases pending before the trial court against the petitioner only and communicate such withdrawal to the FRRO officer, within one week from the date of receipt of a copy of this order.The court also mentioned that the petitioner should obtain emergency travel documents from the Consulate of Nigeria and present them before the officer to enable the petitioner to move out of the shores of this nation.The Karnataka High Court lastly mentioned that once the withdrawal of the proceedings is communicated to the FRRO, the officer should take steps immediately to deport the petitioner out of the shores of this nation in terms of his undertaking, without brooking any delay, at the costs of the petitioner.Also Read | Caught by CBI, fired by President: Patna High Court denies relief to IRS officer in bribery caseSubmissions before HCAppearing for the petitioner, advocate Somanna K P, contended that the Karnataka High Court has directed the state to release his client and enable him to catch the next flight back to Nigeria. He added that the petitioner has undertaken to return to Nigeria before the coordinate bench.Deputy solicitor general Shanthi Bhushan H submitted that the petitioner will be deported to his country only if this court directs the state, and the petitioner has to bear the costs. Additional special public prosecutor B Pushpalatha represented the state in the matter.Richa Sahay is a Legal Correspondent for The Indian Express, where she focuses on simplifying the complexities of the Indian judicial system. A law postgraduate, she leverages her advanced legal education to bridge the gap between technical court rulings and public understanding, ensuring that readers stay informed about the rapidly evolving legal landscape. Expertise Advanced Legal Education: As a law postgraduate, Richa possesses the academic depth required to interpret intricate statutes and constitutional nuances. Her background allows her to provide more than just summaries; she offers context-driven analysis of how legal changes impact the average citizen. Specialized Beat: She operates at the intersection of law and public policy, focusing on: Judicial Updates: Providing timely reports on orders from the Supreme Court of India and various High Courts. Legal Simplification: Translating dense "legalese" into accessible, engaging narratives without sacrificing factual accuracy. Legislative Changes: Monitoring new bills, amendments, and regulatory shifts that shape Indian society. ... Read More © IE Online Media Services Pvt Ltd