US national Joshua Sadagursky

MUMBAI: Bombay high court on Monday slammed a US national and asked him whether he thinks India is a country where laws can be breached easily.

“Because you are from the US, you think you have a right? That in this country you can do anything… You can do jugaad (quick-fix solution),” said a bench of Justices Satyaranjan Dharmadhikari and Gautam Patel.

Their observations came on a petition by Massachusetts resident Joshua Sadagursky (29) who has challenged his “arbitrary” expulsion from India within nine hours of arrival at Mumbai airport on May 21, 2018. His petition said this happened after he was granted multiple- entry business visa for five years due “to his noteworthy contribution” in India.

The judges noted that Sadagursky had breached his visa condition when he came on a fellowship programme with NGO Teach for India. He overstayed beyond 180 days and claimed it was “a minor visa violation” for which he had already paid a fine.

“Did you or did you not overstay beyond 180 days? You did not report to the FRRO (Foreigners Regional Registration Office). Is this no reason to deport you,” asked Justice Patel.

His advocates Birendra Saraf and Zaman Ali argued that deportation is against the settled law, including Right to Life and international covenants. “At least I should have been given an opportunity to explain,” said Saraf. Advocate Atul Singh for FFRO said the visa specifically stated that the stay would not exceed 180 days and that he is not eligible for employment in India.

His advocates denied he was engaging in employment, saying teaching could not be considered the same. But the judges said Sadagurksy was doing no service to India. “Whether NGO or company, it’s an employment, whether it may be non-profiteering,” said Justice Dharmadhikari.

The bench pointed out that till 2017-18, Sadagursky had overstayed for a total of 450 days.

“You seem to have never learnt a lesson,” said Justice Gautam Patel. His advocate said he had travelled six times to India. “What is so special about an American coming to India? As a student you try that in any country abroad and see what happens. At JFK, they’ll put you on the next plane home. India is a great country for condoning, for regularizing,” said Justice Patel. He added, “Everybody has rights, nobody has responsibility.” The bench has reserved its order, which is expected soon.

His petition said on May 21, 2018, when he arrived at Mumbai airport’s immigration counter, he was made to wait and thereafter told to return to the US.

He was served a notice under the Foreigners Order, 1948, stating that he was required to be removed from India. No reasons were mentioned on it, the petition said.

