Political Activity Part Of Right To Life & Personal Liberty; Foreign Nationals Are Entitled to Article 21 of the Indian Constitution - Synopsis
Parul Madaan 19 Mar 2020

In the case Kamil Siedczynski Vs. Union of India and another W.P. No.4432(W) of 2020, the validity of the notice "Leave India"  was issued to one student  Kamil Siedczynski, who was studying Comparative Literature on a Student Visa at Jadavpur University, which was valid for August 3rd 2020.

On February 14, 2020, the Foreigners ' Regional Registration Office (FRRO), Kolkata,  served him with a notice to leave India by March 9, alleging that by engaging in rallies against the Citizenship Amendment Act he had indulged in anti-government activities.

The Central Government claimed in defence of the notice before the Court, that a foreign national on student visa  has no fundamental right to participate in activities against the Government. This was claimed that  under Article 19 of the Constitution, a foreigner was not entitled to enjoy the liberties.

Nevertheless, the Court  quashing the "Leave India" notice given to a Polish student for taking part in an anti-protest, observed that even a foreigner, who is in Indian soil, have the right to life and personal liberty rights under Article 21, which cannot be curtailed in violation of the procedure established by law.

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