Court rules no liability under Section 7 for trustee not acting as "keeper" of premises.
In a recent judgment, the Jammu & Kashmir and Ladakh High Court quashed an FIR against Inder Krishan Raina, a trustee of the Ishwar Ashram Trust, for alleged violations under Sections 7 and 14 of the Foreigners Act, 1946. The FIR, registered at Police Station Nawabad, Jammu, accused Raina of failing to report the stay of an Argentine national at the Trust's premises.
The court, presided by Mr. M.A. Chowdhary, J., underscored that liability under Section 7 of the Foreigners Act is specifically directed towards the "keeper" of the premises, not merely any office bearer or trustee associated with the management of the premises. The judgment emphasized that the statutory obligation to report foreign nationals’ stay is only upon those directly responsible for the premises' operations, referred to as "keepers."
Raina, represented by Advocate Mr. Ayushman Kotwal, contended that he was not involved in the day-to-day management or accommodation arrangements of the Ashram and was merely a member of the Trust's Board. The defense argued that the FIR lacked specific allegations necessary to constitute an offence under the statutory provisions, thus rendering the criminal proceedings against Raina as an abuse of legal process.
The court concurred, noting that the allegations did not establish Raina as the "keeper" of the premises, thereby failing to attribute any personal criminal liability to him. It referenced precedents from the Kerala High Court, which clarified that the obligation to report under Section 7 does not extend to trustees or owners unless they directly manage the premises.
This ruling highlights the personal nature of criminal liability under the Foreigners Act and protects individuals from unwarranted legal proceedings based on associative roles without specific responsibilities.
Bottom line:-
Liability under Section 7 of the Foreigners Act, 1946 is attracted only against a person who falls within the category of a "keeper" of the premises, and not merely on the basis of association as a trustee, office bearer, or member of an organization owning or managing the premises.
Statutory provision(s): Foreigners Act, 1946 Sections 7, 14; Criminal Procedure Code (CrPC), 1973 Section 482
