On April 22, 2026, the Karnataka High Court refused to set aside a ‘Leave India’ notice issued against a French citizen who was running a restaurant in Gokarna, Karnataka for the past 15 years on a tourist Visa.
The Karnataka High Court held that foreign nationals have no fundamental right to reside in India and conduct business on a tourist Visa.
The court directed the French national to leave India within seven days in accordance with the 'Leave India' notice dated March 16, 2026 issued by the Foreigners Regional Registration Officer (FRRO) and given to him through WhatsApp.
The Karnataka High Court said that the protection under Article 21 extends to all “persons,” including foreign nationals; however, the said protection is confined to ensuring that no person is deprived of his life or personal liberty except in accordance with procedure established by law. That guarantee cannot be expanded to confer a right to reside, settle, or carry on business within the territory of India. Such rights are traceable to Article 19(1)(e) and Article 19(1)(g) of the Constitution, which are expressly confined to citizens of India.
Background
As reported by LiveLaw, this French national was running a restaurant in Gokarna for several years and also resided there. Based on the investigation by the state law enforcement agencies, including the Additional Director General of Police, State Intelligence, he was issued a 'Leave India' notice for violation of tourist visa conditions.
Feeling aggrieved, he approached the Karnataka High Court, alleging a violation of his fundamental right guaranteed under Article 21 by the 'Leave India' Notice. He also accused the authorities of not giving him an opportunity to be heard before the notice was issued.
However, the Karnataka High court did not listen to his arguments and explained the scope of Article 21 protection read with Article 19 when it comes to Indian citizens and foreign nationals.
Ultimately he lost the case in the Karnataka High Court.
Karnataka High Court says notice to leave India does not violate ‘right to life’ or ‘personal liberty’ of a foreign national
The Karnataka High Court said that the right to reside or carry on any occupation, trade or business can be availed solely by the citizens of India. The high court also explained that the notice to leave India does not violate the 'right to life' or 'personal liberty' of a foreign national under Article 21 merely because he has been ordered to leave the country for staying here with an invalid visa and carrying out his commercial activities namely restaurant business.
The rigours of Article 19 applicable solely to Indian citizens, would apply with its procedural restrictions and foreigners cannot take the shield of Article 21, the court inferred, as reported by LiveLaw.
The Karnataka High Court said that a foreign national like the petitioner cannot claim as a matter of right, entitlement to continue his stay in India or to engage in commercial activities, particularly when such activities are in clear violation of the conditions of the visa under which entry was permitted.
The high court said that the evidence and material on record clearly demonstrate that he has transgressed the permissible limits of a tourist visa and has been engaged in running a restaurant and allied activities, which are not only unauthorised but have also given rise to disputes affecting local order.
Foreign national also indulged in land dispute cases
The high court also noted that this French national had been indulging in land disputes and issuing threats to opposing parties.
Thus the high court said that permitting him to continue to stay in India, despite prima facie material indicating violation of visa conditions and involvement in activities affecting public order, would amount to countenancing illegality.
The high court said: “A foreign national who enters the country on a tourist visa cannot be permitted to convert such entry into a platform for commercial ventures or to engage in conduct detrimental to societal order…”
Order
Regarding the French national’s argument about violation of the principles of natural justice prior to the notice’s issuance, the high court said that there could be no strict requirement of pre-decisional hearing so as to 'paralyse statutory powers' in matters involving regulation of visa conditions and potential threats to public order, reported Livelaw.
The high court said that the doctrine of natural justice is not an unruly horse and must yield to the exigencies of administration, particularly in matters involving regulation of foreign nationals. The records disclose that the action is based on objective material and cannot be said to be a mere ipse dixit of the authority.
Judgement:
The French national's plea was dismissed. Consequently, the Leave India Notice was upheld. The authorities were given liberty to take steps in the event of non-compliance with this court order mandating the French national’s exit within 7 days.
