Court orders Interior Minister to produce deportee Indian who is on detention at KIA

General News of Thursday, 3 August 2017

Source: Graphic.com.gh

2017-08-03

Ambrose Dery , Interior Minister

The Indian businessman, Ashok Kumar Sivaram who was deported by the Ministry of Interior in May 2017 but secured a High Court ruling that quashed the deportation has been detained since Wednesday at the Kotoka International Airport (KIA) on his return to Ghana.

Graphic Online’s Della Russel Ocloo reported that officials of the Ghana Immigration Service (GIS) at the KIA detained Mr Sivaram a day after the Accra High Court quashed the May 2017 deportation order by the Minister of Interior, Mr Ambrose Dery.

In a ruling on Monday, the court, presided over by Mr Justice Kweku T. Ackah-Boafo, held that the Interior Minister exceeded his jurisdiction when he determined that the Indian had engaged in fraud and subsequently deported him.

According to the court, the lawful procedure was for Mr Sivaram to have been put before a court of lawful jurisdiction for the case of fraud to be determined against him.

The court maintained that Mr Sivaram can return to the country and any attempt to deport him in relation to the matter would constitute contempt of court. Mr Sivaram armed with the ruling arrived in Accra at about 2:30 pm on Wednesday on an Asky Flight but was however detained by officials at the airport.

Lawyer for Mr Sivaram, Mr Gary Nimako Marfo told Graphic Online that he was not allowed to see his client after he was informed about his detention. Describing the action as a disregard to the court, Mr Marfo said he may be prompted to file a contempt application against the Minister and the GIS if his client was not released by Thursday.

He has consequently filed an Order for Habeas Corpus asking the Minister of Interior, Mr Ambrose Dery, the Comptroller of Immigration, Mr Kwame Takyi and the Command-in-Charge of Immigration Service to produce Mr Sivaram to the High Court by 12noon on Friday to justify his detention.

He has also secured an order preventing Mr Sivaram from being removed from the jurisdiction before he is produced before the court on Friday and that based on the information before the court, should any of the respondents defy the order they shall be in breach and would be brought to show cause why they should not be committed for contempt.

Deportation The Interior Minister had on May 15, 2017 signed an order for Mr Sivaram to be deported on the basis that he used fake documents to enable his continued stay in the country.

“Ashok Kumar Sivaram acquired and submitted a forged marriage certificate in support of his application for citizenship by registration as a Ghanaian in 2015,’’ the deportation order stated According to the Minister, the act was “fraudulent and criminal’’ and Mr Sivaram’s presence was not “conducive to the public good”.

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