The Calcutta High Court on Thursday stayed the Centre’s notice asking a Polish student to leave India for allegedly participating in a protest rally against the controversial Citizenship Amendment Act in the city.
Justice Sabyasachi Bhattacharyya restrained the government from giving effect to the notice till March 18 when the court will pass an order on the student’ plea.
Kamil Siedczynski, a post-graduate comparative literature student at Jadavpur University, was served with a ‘Leave India Notice” dated February 14 from the Foreigners’ Regional Registration Office (FRRO), Kolkata.
Siedczynski moved the High Court with a writ petition saying he did not directly participate in any movement against the Indian government.
The student’s lawyer, Jayanta Mitra told the court that Siedczynski was in the last semester and that his exams were due in August.
Mitra submitted that he had “unwittingly and out of curiosity” gone to a peaceful protest in Kolkata’s New Market area after he was persuaded by his friends.
The Centre while opposing the plea told the court that being a student visa holder, a foreign is not permitted to challenge a law which has been passed by the Indian Parliament.
The student in his petition asked the court to restrain authorities from giving effect to the notice, which asked him to leave India within 14 days of receiving the notice, and from deporting him.
The petition also said that it is not in consonance with India’s obligations and it violates principles enunciated under the Universal Declaration of Human Rights (1948) and the International Convention on Civil and Political Rights (1966), which are applicable to all people.
Since he received the notice on February 24, he was required to leave the country by March 9