The Karnataka High Court upheld the ‘Leave India’ notice issued to a French national, Sylvie Gallet, who was found operating a restaurant in Goa while holding a tourist visa. Gallet challenged the notice, arguing it violated natural justice and was disproportionate.
The court dismissed her petition, stating that operating a commercial establishment constitutes a violation of visa conditions. Justice M Nagaprasanna observed that Gallet was clearly engaged in a commercial activity – running ‘La Cuisine de Sylvie’ – despite entering India on a tourist visa which prohibits such employment or business ventures.
The court noted evidence presented by the Foreigners Regional Registration Office (FRRO) including online advertisements, customer reviews, and financial transactions demonstrating Gallet’s restaurant operation. Gallet’s claim that she was merely teaching French cuisine and not running a business was rejected as unsustainable.
The FRRO had initiated proceedings after receiving complaints about Gallet’s activities. The initial notice was issued in January 2023, and subsequently challenged in the High Court.
The court emphasized the importance of adhering to visa regulations and the sovereign right of the state to regulate foreign nationals’ stay and activities within its territory. It affirmed that the FRRO acted within its jurisdiction in issuing the ‘Leave India’ notice.
Justice Nagaprasanna also criticized the practice of individuals circumventing visa rules and engaging in commercial activities under the guise of tourism or culinary classes. The judgement reinforces that tourist visas are strictly for recreational purposes and do not permit any form of employment or business. Gallet is now required to comply with the ‘Leave India’ notice.
