The Calcutta High Court on 5 March, has stayed the Centre’s notice which issued a ‘Leave India’ notice to a Polish student, for allegedly participating in a protest against the Citizenship Amendment Act.
The bench comprising of Justice Sabyasachi Bhattacharyya has restrained the government from giving effect to the said ‘leave India’ notice till March 18, when the court has reserved its order on the student’s writ petition.
Earlier, on 24 February, Kamil Siedczynski, a Poland student who is enrolled for a post-graduate degree in the Department of Comparative Literature at Jadavpur University was served a ‘Leave India Notice’ from the Foreigners’ Regional Registration Office (FRRO), Kolkata for allegedly participating in an anti-CAA protest.
However, the Polish student filed a writ petition in the High Court through his counsel Jayanta Mitra, stating that he did not directly participate in any movement against the Indian government. Counsel Mitra stated that his client, Siedczynski had “unwittingly and out of curiosity” gone to a peaceful protest in Kolkata’s New Market area after he was persuaded by his friends.
The student claimed that he was asked a few questions by a person, who also clicked his photograph and it later transpired that he was a photojournalist of a Bengali daily, where his photo and some related news were published. The counsel further mentioned that his client was in the last semester and that his exams were due in August.
Subsequently, the student sought the court to restrain authorities from giving effect to the notice, which asked him to leave India within 14 days of receiving the notice, and from deporting him.
Meanwhile, the counsel Phiroze Edulji appearing for the Centre opposed the said plea and mentioned to the court that being a student visa holder, a foreign is not permitted to challenge an Indian law. He further stated that the Polish student cannot challenge Article 19 of the Constitution, as it was not applicable to him.