Chennai: No entry at hotels, Korean women on trial live out of car

Picture used for representational purpose only
CHENNAI: Two South Korean women, Kweon Mihwa and Moon Seonmi, arrested by the Directorate of Revenue Intelligence (DRI) for smuggling gold and facing trial before a city court, have made a rental car their place of stay as hotels have refused them accommodation because their passports got impounded. Their tourist visa expired last month, thereby making them illegal immigrants.
Faced with the prospect of prosecution also for illegal immigration due to extended stay, the two moved the Madras high court against the trial court’s order dismissing a petition for interim custody of their passports. Their plight has made the court suggest the Union and state governments to set up more detention camps for foreigners near central prisons in the state for men and women.
At present, there is only one camp to detain foreigners at Central Prison, Trichy and for detaining illegal immigrants, a special order has to be passed by the state under the Foreigners’ Act, 1946. The Trichy camp can only accommodate males, Xavier Dhanraj, foreign regional registration officer (FRRO), Chennai told the court.
The duo reached India on November 29 last year and were caught at a hotel in Mylapore while handing over 6kg of gold to a Chennai businessman. DRI had seized the gold and Rs 11.16 crore in cash. The women were produced before the additional chief metropolitan magistrate, EO II, Egmore and remanded in judicial custody. Since the DRI was unable to complete probe within 60 days, the two were released on statutory bail. However, their passports were retained by the court.
DRI initiated adjudication proceedings against them before the additional commissioner of customs, Chennai. Under these circumstances their visas expired on May 21 after which their stay became illegal, forcing them to take a car on rent and live out of it.

“Even a foreigner is entitled to protection under Article 21 of the Constitution,” Justice P N Prakash said citing an apex court order.
The court held that the Koreans will have to face proceedings under the Customs Act and therefore their passports cannot be returned. However, on the FRRO’s suggestions, the court directed the magistrate to hand over passports to the DRI which can submit a lookout circular to FRRO to prevent them from fleeing India and request them to extend their visas for a reasonable period until the legal proceedings are over.
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