HC flags security lapses, seeks state’s action plan to track visa overstayers in Bengaluru

Karnataka High Court questions the State’s silence on foreigners overstaying without valid visas or FRRO registration, while hearing a plea by two Nigerian nationals arrested under the NDPS Act.

The Karnataka High Court on Tuesday directed the State Government to place on record the concrete steps taken to identify, track, and trace foreign nationals who are overstaying in Bengaluru without valid visas or without registering with the Foreigners Regional Registration Officer (FRRO), as mandated by law.

The direction was issued by a single-judge bench of Justice M Nagaprasanna while hearing a petition filed by two Nigerian nationals, Emeka James Iwoba and Uderike Fidelis. The petitioners have challenged their arrest under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, alleging that the arrest was illegal as they were not informed of the grounds of arrest and were not produced before a magistrate within the stipulated 24-hour period.

During the proceedings, the court referred to the Registration of Foreigners Act, 1939, which makes it mandatory for all foreigners holding visas for more than six months, except exempted categories, to register with the FRRO within 14 days of their first arrival in India.

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In an earlier hearing, the court had asked Deputy Solicitor General of India (DSGI) Shanthi Bhushan H to furnish details regarding the petitioners’ entry into India and the type of visas issued to them. On Tuesday, DSGI Bhushan informed the court that both individuals entered India in 2015 on business visas. Their passports were valid until 2018, and they are currently staying in the country without any valid visa.

The bench orally questioned the role of the FRRO in such cases, observing that overstaying, forged passports, and illegal entry could pose serious security concerns. Responding to this, the DSGI stated that the petitioners had failed to register with the FRRO, despite it being compulsory, and highlighted what he termed as a gross failure on the part of the State Government in addressing such violations.

Placing data before the court, the DSGI said that between 2021 and 2025, a total of 25,60,468 foreign nationals arrived at Kempegowda International Airport in Bengaluru, while 10,547 foreigners entered through Mangaluru airport during the same period. He stressed that the issue requires thorough investigation, warning that while the present case involves Nigerian nationals, similar lapses involving other nationalities could pose serious national security risks.

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Justice Nagaprasanna expressed concern over the State’s inaction, remarking that it was “quite surprising” that the government had remained silent in matters involving overstaying foreigners. The court subsequently directed the State Government to formally place on record the steps taken to address such cases. The bench said it would examine the merits of the petition on Thursday.