HC helps foreign footballer return home; Visa expired during Covid lockdown

Kolkata: Quashing criminal charges against a foreigner footballer whose visa expired during the Covid pandemic period, the Calcutta High Court directed the state to follow up with the Centre to facilitate his exit from India.

The bench of Justice Rai Chattopadhyay was moved by the footballer Camara Fofana Ussumane, a citizen of the Republic of Guinea Bissau praying for quashing the criminal proceedings against him. An FIR was lodged under Foreigners Act since he overstayed his visa period. His visa was due to expire on July 5, 2020.

It was submitted that the petitioner had entered India prior to March 2020 and got stranded in India due to COVID-19 pandemic and lockdown. He was entitled to be granted a deemed extension of his visa which expired during pandemic and lockdown. The court observed that prosecution failed to bring on record any ill motive or malafide of the petitioner in intentionally overstaying in violation of the conditions of visa,

as alleged. The court directed the state to follow up with the competent authority of the Central government to facilitate the process of exit of the footballer from India.

The Centre was directed to extend every possible assistance and ensure his exit as expeditiously as possible.