Indian Kanoon - Search engine for Indian Law

51. In the present case, unlike the fact‐situations of the cited judgments, the student visa, since renewed, conferred valuable rights on the petitioner, which conferment is valid, at least till August 30, 2020.

52. A perusal of Article 19 of the Constitution of India shows that the rights provided therein have been conferred upon "citizens" of India. However, such rights are not specifically excluded by the said provision in respect of foreigners. In the event the right to life and liberty and associated rights are curtailed by any government action, the same is always subject to judicial scrutiny on the yardstick of fundamental rights guaranteed by the Constitution of India.

56. It has been held in a plethora of judgments and is now well‐settled that the right to life and personal liberty does not merely pertain to a bare existence and meaningless freedom. All persons living in India are guaranteed the right to life and personal liberty, which, it is well‐settled by judicial propositions, is not restricted to a bare existence. The expressions, "life" and "personal liberty" also include basic necessities and amenities to live a life worth human existence and the liberties associated therewith.

The very premise of such qualifications, which the petitioner has, provide for the petitioner's ability to engage in such activities as indicated above. Hence, the 'life' and 'personal liberty' of the petitioner cannot be limited to a bare existence worth the name but also contemplates his right to actively pursue his interests and fields of specialization, which are necessary for the petitioner to lead a healthy life. The personal liberties of any person cannot be restricted merely to the right of staying in India. Since the student visa in favour of the petitioner confers the right on the petitioner to live in India up to August 30, 2020, the rights to pursue his intellectual interests and to seep in the ethnicity and lifestyle of different communities in India also go hand in hand with his right to life.

77. In the present case, the Confidential Report, relied on by the respondents, does not disclose any valid ground for expulsion of the petitioner from India. Although Article 19 is applicable to citizens of India, the premise on which the present petitioner was turned out of the country did not meet the principles of life and personal liberty and the rights associated with those, as enshrined in Article 21 of the Constitution of India, which is very much applicable to all persons living in India, including foreigners. Strictly speaking, the petitioner does not seek to enforce any right under Article 19 of the Constitution of India, since the said Article applies in the sphere of residence or settlement in any part of the territory of India, which has an element of permanence implicit in its nature. The right claimed by the petitioner is by virtue of his extended student visa, which confers upon the petitioner the valuable right to stay in India, with the associated rights to life and personal liberty, as guaranteed in Article 21 of the Constitution. A valid right to reside in India goes hand‐in‐ hand with such fundamental rights.