10 Jun 2024 9:35 AM GMT
The Supreme Court on Monday (June 10) dismissed a petition under Article 32 of the Constitution of India filed by an American citizen seeking asylum in India. The petitioner, who claimed to have discovered an alternative to petroleum, feared persecution if he returned to the United States.
The matter was placed before the Vacation Bench of Justices Vikram Nath and Sandeep Mehta. The petitioner, Claude David Convisser, had appeared in person before the Court. On the last occasion, though the Court had not issued a notice, it instructed the Additional Solicitor General Vikramjit Banerjee to get instructions from the Union Government.
Today, Banerjee apprised the Bench that the petitioner's visa is set to expire on 09.12.2024 and added:
“It does not expire tomorrow but you cannot stay at one stop for 180 days...so, he has to go back to the next country and come back. So, I am not in the position to advise him which country.”
However, at this point, the petitioner raised apprehensions that there are chances that he might get imprisoned or killed in case if he leaves.
“If I leave(India), I will be cornered and they will do all kinds of things to me....imprison me...trying to kill me”
When the Bench Court asked if he was facing any prosecution, the answer came in negative. However, when the petitioner again raised apprehensions, the Court made it clear that the US government would take care of the same. Further, it told the petitioner that there are Courts in the US as well. Based on this, the Court dismissed the petition.
"We are not here to take care of (you), your government will take care of that….There are Courts in US also...Sorry, dismissed.”
Case Title: CLAUDE DAVID CONVISSER Versus UNION OF INDIA AND ANR., W.P.(C) No. 356/2024