Supreme Court Dismisses Plea By American Citizen Seeking Asylum, Tells Him That US Govt And Courts There Will Redress His Grievances About Persecution

The Supreme Court has dismissed the petition filed by one Claude David Convisser, a US citizen seeking asylum and an extension of VISA on the ground that he is facing persecution in his country as he follows the Hindu faith.  

The Vacation Bench of Justice Vikram Nath and Justice Sandeep Mehta dismissed the petition and remarked that the US Government and the Courts there would take care of his safety.

The Union of India submitted that it would take time for his application for asylum to be considered. 

Additional Solicitor General Vikramjit Banerjee, submitted, "The VISA is been granted on 11.12.2023 for 365 days so that it expires on 09.12.2024. It does not expire tomorrow, but you cannot stay at a particular place, so he has to go back to the next country and come back...I am not in the capacity to advise him, but his VISA expires on 09.12.2024."

Petitioner, Claude David, said, "If I leave India, I will be re-cornered and they will do all kinds of things to me...imprison me, torture me in person...".

Justice Mehta asked, "Are you facing any prosecution in the US?"

Petitioner replied, "I am not facing prosecution. But the last two times I have been to the US, they caused a car accident... It is persecution if you can't drive a car without being driven off the road and into a tree. I am lucky to be alive today."

The Bench interrupted and said, "No. We are not here to take care of you. Your Government will take care of you."

Justice Metha said, "There are courts in US also to take care of your issues". 

Justice Vikram Nath remarked, "The law in the US is much more... Is it not as good as in India?" 

Petitioner replied, "Absolutely not."

Justice Nath remarked on a lighter note, "My country is better than your country? Can you make that public statement that this country is better than yours?"

Justice Mehta said referring to his petition, "The Petroleum Industry has nothing to do...Jatropha cultivation is going on in India since long...they have not been able to find a substitute till date."

The Bench concluded, "We are dismissing your petition."

On the last date of the hearing, the Supreme Court had asked the Additional Solicitor General Vikramjit Banerjee to get instructions from the Union Government in a petition filed by an American Citizen who claims to be a follower of spiritual guru Sri Maata Anandmayee, seeking asylum in India. The Petitioner's case is that he has discovered an alternative to petroleum and cannot go back to the United States as he will be persecuted there. 

The Petitioner had also submitted that he has already filed the requisite applications before the Ministry of External Affairs and Ministry of Home Affairs but he has not received any response. He told the Court that he was staying in Thiruvananthapuram.

The Supreme Court had also remarked that the Government of India is strong enough to take care of its citizens all around the world after the Petitioner seeking asylum in India said that all Hindus in the United States of America were imperilled from the same kind of prosecution as he was facing.

Cause Title: Claude David Convisser vs. Union Of India (Diary No. 23521 of 2024)