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Monday 9 March 2015

'Khobragade ban' against fundamental rights, says Kerala HC

Kochi: A decision taken by the central government after the Khobragade row for not allowing Indians who accept Trafficking (T) visas issued by the United States to fly there is against fundamental rights, says the Kerala High Court.


Issued to victims of human trafficking, a T visa allows the holder to stay in the US temporarily first and then become a permanent resident later. By accepting such a visa, the holder is required to testify against his traffickers. The Khobragade incident, in which the Indian diplomat was arrested for allegedly lying about her maid's salary in a visa application, was in December 2013. In an inter-ministerial meeting held in February 2014, India government decided to treat holder of a US T visa as a violator of local law, the Passports Act, 1967.

After considering a case where three T visa holders were not allowed to fly to the US and their passports were seized at Cochin International Airport, the Kerala High Court has now held that the government's decision is against the right to travel, a fundamental right guaranteed and protected under Article 21 of the Constitution of India. Justice AV Ramakrishna Pillai of the high court held that the court is of the definite view that the government cannot in any manner restrain T visa holders from travelling to USA.
09/03/15 Mahir Haneef/Times of India

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