Supreme Court Asks ASG To Respond To Plea By American Citizen Practicing Hindu Faith Seeking Asylum In India

The Supreme Court, today, 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. His visa is expiring on May 13, 2024 midnight.

The Bench of Justice Aravind Kumar and Justice Sandeep Mehta asked ASG to seek instructions from the Union Government in the matter and listed the matter on June 10, 2024. "Prima facie we are of the view that the matter should go to the High Court. It is an individual grievance. If we start entertaining these petitions under Article 32 it will open floodgates...Use your good office, to find out what is the position. We are not issuing notice right now, we will list it on Monday."

Justice Kumar asked, "Why did you not go to the High Court?"

Petitioner Claude David appearing in person and replied, "I have consulted two advocates at Trivandrum...and they told me that this was a claim which should be brought before the Supreme Court under Article 32."

Justice Kumar said, "What is that national importance?...You can ask for an extension."

Petitioner said, "I think this is of national importance...it denies my right to stay in your wonderful country after the expiration of my visa...All Hindus in the United States are imperilled from the same kind of prosecution as I am facing."

Justice Kumar replied, "Don't worry the Government is robust enough to take care of its citizens elsewhere in the world."

Further, Petitioner submitted, "Well I am a practitioner of the faith of India...if I am forced to leave the country...All I have asked for is interim relief to remain in the country...If the Court is directing me to file in another Court then I would ask for your directions to the Ministry to give me some time."

The Bench replied, "That we cannot do, in their absence, we will not do it. This will open Pandora's box."

The Petitioner 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 is staying in Thiruvananthapuram. 

Justice Sandeep Kumar, "You arrived 180 days ago, right from the beginning you had the intention to stay."

Petitioner said, "That is not true...if you read towards the beginning of my facts, it explains that there is a particular incident which realised that those who were persecuting me which is the American Petroleum Industry...with the tacit support of the United States government do not want me to remain in India under the protection of my Guru Sri Maata Anandmayee."

Justice Aravind Kumar then asked Add. SG Vikramjit Banerjee, who was present in the Court, "Just look into the matter...please give him the file."

The petitioner requested, "Can I ask for interim relief to stay in India...I have no money to pay a lawyer."

The Bench said, "No. We are taking assistance of Add. SG Vikramjit Banerjee...to find out what is the position."

Accordingly, the matter was adjourned to June 10, 2024. The Court clarified that it is not issuing notice but wants to use the good office of the ASG to ascertain facts. The Court also said that it is of a prima facie view that the matter should go the High Court since it is an individual grievance. 

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