Sans detention centre, Odisha losing sight of overstaying foreigners

BHUBANESWAR: After 58-year-old Russian, Andrew Glagolev’s alleged disappearance followed by his re-appearance hit the headlines, two more foreign nationals showed up at the Foreigner’s Regional Registration Office (FRRO) in the state capital to report they have overstayed. The two - Horihata Ryohsuke of Japan and Kaelan Sizemore of the US approached the FRRO and sought help because their travel documents have either expired or lost.

Both have been provided shelter by a family near Baliharchandi for over last three years since there is no detention camp or transit centre for foreigners available in the state despite a manual for model detention camp or holding centre developed by the Ministry of Home Affairs on the direction of the Supreme Court.

The manual was circulated to all states and union territories in 2019. After receiving the copy of the model detention manual, the State Directorate of Prison and Correctional Services formed a committee to prepare modalities for the detention centre but the exercise has not progressed. The modalities included accommodation, medical, security and other facilities at the detention camp. The committee had also suggested establishment of the detention centre for foreigners on the premises of any one of the jails that were proposed to be closed down, sources told The New Indian Express.

“A report regarding setting up of the detention centre was submitted to the state government in 2019 but no decision has been taken on starting the facility,” said a member of the committee. This, police sources admitted, leads to challenges in tracking suspicious elements in case of national security and terrorism issues.

As per the Ministry of Home Affairs, the Central government is vested with powers under sections 3(2)(e) and 3(2)(c) of the Foreigners Act, 1946 to detain and deport foreign nationals staying illegally in the country. The powers of the Centre have also been entrusted under Article 258(1) of the Constitution to all the state governments.

However, in absence of holding or detention centres, foreign nationals overstaying due to various reasons face hurdles while state police and local administration struggles to track them as was the case with Glagolev whose alleged anti-war protest sent him to headlines.

He had to submit an undertaking to Government Railway Police stating he would not stage protest, nor would he beg or leave Puri without informing local authorities. Meanwhile, Bibhu Patel, local guardian of other two foreign nationals said the American has a valid passport while his visa has expired. The Japanese has no documents which he lost during Fani cyclone in 2019.

“The duo is very polite and friendly but does not have valid documents. They have been staying in Puri since Odisha has no detention centre for foreigners. Such facilities are quite common in other countries,” he said. The two were stuck after the outbreak of coronavirus pandemic and now Patel is assisting them so that they can return to their respective countries. At present, states like Assam, Karnataka, Delhi, Kerala and others have detention centres/transit homes for foreigners.