The Supreme Court of India on 16 March 2011 ruled that article 21 of the Constitution of India (right to life and liberty) would be applicable even to a foreign national staying in India. The court gave this judgment while staying the deportation of a Libyan researcher whose visa is due to expire on 17 March 2011.
A bench of Supreme Court, comprising Justice Markandey Katju and Justice Gyan Sudha Mishra, acting on a writ petition from Aiad Amar Saad Mohamed gave the judgment. The bench ruled that compelling Mohamed to go to Libya in a situation where no international flights were being operated was a violation of his human rights.
Mohamed had applied for a PhD programme in Patna University and got a three-month research visa in December 2009. His visa was due to expire on 17 March2011 but he was unable to go to his nation because of the prevailing situation there.
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