Deportation order arbitrary, says Israeli couple
TNN Feb 11, 2012, 05.09AM IST
KOCHI: The Jewish couple from Israel who were served with 'quit India' notices by the district administration on Tuesday, approached Kerala high court alleging arbitrariness in the decision.
Admitting the petition, justice S Siri Jagan directed the government to file an affidavit explaining its stand on the issue.
The couple, Shneor Zalman Bernstein and Yaffa Shendi Keing from Bloy Street in Jerusalem came to Kochi on March 3, 2010 and had been staying in a rented house at Rose Street in Fort Kochi. Notices for deportation within 15 days, were slapped on them on February 7 by the district collector, on the basis of a report by the deputy commissioner of police (administration and crimes) on January 30 this year, citing violation of tourist visa norms.
According to the notice, the couple violated visa norms by organizing activities related to their religious life and belief under the aegis of the religious organization 'Chabad' in a synagogue at Mattanchery. The notice cited lack of special endorsement in the entry visa to engage in such activities in India. The petition by the couple and Cochin Synagogue, filed through advocate R Lakshmi Narayan, challenges the collector's order, alleging that the reason for expulsion is flimsy and won't hold in the eye of law. Further, the petition states that the husband is a qualified rabbi, who was invited by the synagogue to help in prayers, rituals related to birth, death, and marriage of the Jewish community here, and for preserving the heritage of the community.
The couple was brought in since there are no suitably trained people available among the Jewish community in Kochi to conduct rituals, the petition says. The petitioners contend that the collector should have given them an opportunity to submit representation against the proposed expulsion.
Claiming that the reason cited by the collector is factually incorrect, the petition says that the notices were served without ascertaining facts. The petitioners also submitted that 'Chabad' is not an organization but an ideological movement within Judaism whose members, as volunteers, assist Jews around the world in observing traditional Judaism.
Along with the petition, the couple also presented to the court a request made by the synagogue to the ambassador of India in Israel to issue visa to the rabbi and his wife as well as a request by the minister of Public Diplomacy and Diaspora Affairs of Israel for issuing visas to the couple. The Jewish couple from Israel who were served with 'quit India' notices by the district administration on Tuesday morning approached the Kerala High Court alleging arbitrariness in the decision.
Admitting the petition, Justice S Siri Jagan has directed the government to file an affidavit explaining their stand on the issue.
The couple, Shneor Zalman Bernstein and Yaffa Shendi Keing from Bloy Street in Jerusalem came to Kochi on March 3, 2010 and had been staying in a rented house at Rose Street in Fort Kochi.
Notices for deportation within 15 days were slapped on them on Tuesday by the district collector, on the basis of a report by the deputy commissioner of police (administration and crimes) on January 30 this year, citing violation of tourist visa norms.
According to the quit notice, the couple violated visa norms by organizing activities related to their religious life and belief under the religious organization 'Chabad' in a synagogue at Mattanchery. The notice cited lack of special endorsement in the entry visa to engage in such activities in India.
The petition by the couple and Cochin Synagogue, filed through advocate R Lakshmi Narayan, challenges the collector's order, alleging that the reason shown for expulsion is flimsy and won't hold in the eye of law.
Further, the petition states that the husband is a qualified rabbi, who was invited by the synagogue to help in prayers, rituals related to birth, death, and marriage of the Jewish community here as well as for preserving the heritage of the community.
The couple was brought in as there are no suitably trained persons available among the Jewish community in Kochi to conduct rituals, the petition says. Further, the petitioners contend that the collector should have given them an opportunity to submit representation against the proposed expulsion.
Alleging that the reason cited by the collector, which is violation of visa norms, is factually incorrect, the petition states that the quit notices were served without ascertaining facts. Responding to the reason given by police, engaging in activities related to religious organization called 'Chabad', the petitioners have submitted that 'Chabad' is not an organization but an ideological movement within Judaism, whose members, as volunteers, assist jews around the world in observing traditional Judaism.
Along with the petition, the couple has presented to the court request made by the synagogue to the ambassador of India in Israel to issue visa to the rabbi and his wife as well as a request by Minister of Public Diplomacy and Diaspora Affairs of Israel for issuing visas to the couple.