Karnataka high court upholds 'Leave India Notice' against French national over visa violations

BENGALURU: Karnataka high court has upheld the ‘Leave India Notice' (LIN) issued against Christophe Stephane Monxion, a French national who was allegedly running a restaurant in Gokarna for the past 15 years, violating visa conditions.

Justice Sachin Shankar Magadum dismissed the petition filed by Christophe, challenging the notice issued by the Foreigners Regional Registration Office (FRRO), Bengaluru, on March 16 and seeking consideration of representations submitted by him on March 24 and 27.

According to him, he is in possession of a tourist visa, valid until Nov 24, 2026. He claimed that the issuance of LIN was arbitrary and in violation of his fundamental rights.

On the other hand, Deputy Solicitor General of India Shanthi Bhushan H submitted that the petitioner was involved in commercial activities and has been running a hotel for the past 15 years, in violation of visa conditions. He also placed before the court reports of law enforcement agencies vis-a-vis the petitioner.

After perusing the materials on record, Justice Magadum declined to interfere with the LIN. These materials, prima facie, indicate that the petitioner, though having entered India on a tourist visa, indulged in commercial activities by running a restaurant, which is impermissible under the visa regime, and was further involved in disputes with landowners coupled with allegations of misconduct, including issuance of threats and inappropriate communication, the judge noted.

In matters concerning foreign nationals, the state is vested with plenary powers to regulate their entry, stay and exit, and such powers are an incident of sovereignty. When the competent authority, on the basis of credible material, arrives at a subjective satisfaction that the continued stay of a foreign national is not conducive to public order or is in violation of visa conditions, the issuance of an LIN cannot be lightly interfered with, the court said.

"This court is of the considered opinion that the impugned LIN is a valid exercise of statutory power, does not suffer from arbitrariness or illegality, and is in consonance with the constitutional and statutory scheme governing foreign nationals. The petitioner, therefore, is liable to comply with the impugned notice and leave India forthwith," Justice Magadum observed while dismissing the Frenchman's petition.
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