Karnataka High Court Orders State To Direct All Institutions To Report Engagement With Foreigners To FRRO

The Karnataka High Court has directed the State Government to issue a Government Circular/Notification addressed to All Educational Institutions (including universities, private colleges, language schools), all Medical Institutions (including hospitals, diagnostic centers, wellness centers), Employers including business entities, NGOs, research organizations, and cultural bodies, along with the State Police, Local Authorities, Intelligence Bureaus, District Collectors, and Commissioners of Police, directing them to report any engagement with foreign nationals to the Foreigners Registration Office (FRRO) in a prescribed format.

Justice Suraj Govindaraj said “The Additional Chief Secretary, Home Department, is directed to within 2 weeks from today i.e., on or before 18.06.20205 issue a Government Circular/Notification.”

The said Circular shall mandate that any engagement with foreign nationals must be immediately reported to the FRRO in a prescribed format. All existing foreign nationals currently associated with such Institutions must be audited and verified. Periodic status reports must be filed with FRRO and State Police, and failure to comply will attract civil, criminal or administrative penalties under applicable laws.

In addition, the court has also called for information to be placed on record regarding a list of Institutions which are registered with the FRRO or Bureau of Immigration. The nature of their obligation to report the arrival, engagement, and departure of such foreign nationals. Whether such Institutions maintain internal registers or digital logs of foreign national details and regularly update the same with the FRRO. Details about specific cases where Institutions failed to report or allowed continued engagement with foreigners post-expiry of their visa, and actions taken against such Institutions under the law including imposition of fines, suspension of registration, or initiation of criminal action.

The direction followed after the submission made by Deputy Solicitor General H Shanthi Bhushan that a large number of foreign nationals enter India under the pretext of studying at recognised Educational Institutions, obtaining treatment at designated Medical Institutions and for employment in companies or research establishments.

The court in its order observed that the phenomenon of overstaying by foreign nationals—i.e., remaining in India beyond the period permitted by their visa—has emerged as a significant concern.

It directed the DSGI to coordinate with the Bureau of Immigration and file an Affidavit of the concerned placing on record the following details:

- A country-wise segregated list of foreign nationals who have entered India during the last five years,

- Classification of these individuals based on type of visa issued—tourist, medical, educational, business, employment, diplomatic, etc.—and the purpose stated in their visa application,

- Names and identification particulars of those foreign nationals who have not exited India despite the expiry of their visa validity, including details of the entry date, expiry date of visa, and port of entry.

- The regulatory requirements for registration, including the time limits, documents required, and format of compliance for various categories of visas,

- The identity of the Authority (including FRRO or any other designated officer) with whom such registration is to be undertaken,

- Clarification on whether registration is mandatory at the time of arrival at any airport, Seaport, land border, or any other immigration checkpoint and whether a digital verification trail is maintained for the same.

- Basis which an affidavit sworn by Additional Chief Secretary, Department of Home Affairs, Government of Karnataka, be filed setting out:

- Whether the foreign nationals who have overstayed in the State are registered with the appropriate local or central Authority under the applicable law,

- Whether the following current details are available for each overstaying individual:

- Present residential address, Place of employment or engagement, Mobile number(s), E-mail ID(s), Any dependent or family details, if applicable,

- The manner in which such data is stored, monitored, and updated by the State Government and whether it is linked to national immigration databases.

The court also said that in case such details are not available for one or more individuals who have overstayed, the Affidavit shall specify:

- The reasons for such failure or data gap.

- Whether any lapses by FRRO, Police, Intelligence, or other local authorities have occurred if so by whom,

- What immediate and long-term actions are proposed by the State Government or Union of India to identify and trace such individuals,

- Whether steps such as issuance of Look-Out Circulars (LOCs), cancellation of visas or the like have been taken or are under consideration.

As regards the criminal Offences – Involvement of Foreign Nationals, the court said that the State Government shall also place on record a list of overstaying foreign nationals who are accused of, or have been victims in, any criminal proceedings under the Indian Penal Code now Bharatiya Nyaya Sanhita, Foreigners Act, NDPS Act, or any other penal legislation.

It must include the nature of offences involved, the current status of the investigation or trial, and whether such persons are on bail, in custody, or absconding. Whether any attempts were made to deport such persons or initiate proceedings, if so, details thereof.

The court gave the directions while hearing a petition filed by Syrian nationals in 2015, who approached the court seeking a direction to extend their visas, which expired in 2015 and have continued to stay in India since then. The court has now posted the matter for further hearing on July 27.

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