A High Court in Accra has ordered for the immediate release of the Indian Business man Ashok Kumar Sivaram who was arrested upon returning to the country following an order by the court quashing his deportation by the interior minister.
According to the court presided over by Justice Ackah Boafo the detention of the Ashok was unlawful and undermines the courts earlier order overturning his deportation on Monday.
The Judge further asked the Indian national to deposit his passport with officials of the Immigration Service of the applicant and report to any designated officer of the Service on Tuesday for his stay to be regularized.
Mr. Sivaram who returned to the country on Wednesday was immediately arrested and kept in detention by officials of the immigration service at the airport until his release by the court today (Friday).
Explaining their decision to detain Ashok Kumar Sivaram, lawyer for the Immigration Service Peter Claver Nantuo told the court the plaintiff in the case arrived in the country without a visa hence their action.
When further pressed by the judge to explain why Mr. Sivaram had been in custody for forty eight hour without being charged, the lawyer could not give any reasons for the action.
Background
An Indian business man sued the Interior Minister and the Comptroller General of Immigration for unlawfully approving his deportation on grounds that he obtained a fake marriage certificate to enable his stay in the country.
The suit revealed that the “the Applicant was deported from Ghana on the said morning of 1st June 2017 without any notice to him or being offered the opportunity to be heard on the allegation of forgery leveled against him.”
The court upon hearing the arguments of both sides on Monday delivered a judgment quashing the action taken by the two state officials, describing it has unlawful and breach of the fundamental human rights of the plaintiffs.
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By: Fred Djabanor/citifmonline.com/Ghana