Tuesday, December 11, 2007

Russians in Goa

PANJIM: The Goa government's efforts to deport a Russian national failed, though temporarily.

On September 14, 2007, the Home department under the powers conferred to it under section 3 (2) ( c) of the Foreigners Act, 1946 (Central Act 31 of 1946) had issued orders that one Russian, Leonid Beyzer, shall not remain in India after the expiry of a period of 15 days from the date of service of this order. In other words, he would have to leave the country by or October 7, 2007.

However, the single judge of High Court, Justice RS Mohite, hearing a petition filed by 38-year-old Beyzer against the Home department's order, quashed and set aside the order passed by the Home department. Court has further directed Home department to give a show cause notice, giving opportunity to the petitioner to make representation if any, before passing the order.

Beyzer had approached the High Court stating that he was served the order of deportation without being heard or informed about what were the charges on the basis of which he has been given a mere 15 days to leave the country.

He claimed that he had come to India on a valid business visa issued by the Indian embassy in Moscow and formed a company under the Indian Companies Act, 1956 in Goa for pursuing his business interests of establishing and running a resort. Beyzer is the founding Director of Artlibori Resorts Pvt Ltd., and invested more than Rs 1 crore in the property.

Further, it was submitted that the as per the requirements of government orders/directives under Foreign Direct Investment and Foreign Exchange Management Act, the entire investment in the company has come in foreign currency through proper banking channels.

However, the petitioner admitted that he has made huge financial investments from his personal funds though the company in real estate and is now facing litigation before the Company Law Board, Principal bench, New Delhi and would be deprived of his right to defend himself if deported. But it was alleged that this was done by his former Directors, a Russian Sergey Ivanov and Pramod Walkhev, who also allegedly portrayed him as a drug lord and leader of mafia in India.

Interestingly, after the Home department's order, the Consulate General of the Russian Federation in Mumbai wrote to the Chief Minister on September 26, 2007, stating that as per their awareness there is no criminal record including any immigration fraud case against Beyzer. They also requested to clarify on which grounds Beyzer was ordered to leave India and why the Consulate General was not informed by the law enforcement authorities of Goa about their actions in respect of the citizen of Russian federation.

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