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AG’s stay of execution against Indian Businessman Dismissed by SC

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General News of Tuesday, 5 December 2017

Source: rainbowradioonline.com

2017-12-05

SUPREME COURT 1The Interior Minister exceeded his jurisdiction by determining fraud against the Indian businessman

The Supreme Court of Ghana, has dismissed an application praying it for a stay of execution a judgment ordering the Immigration Service to restore the work and residence visa of Indian businessman, Ashok Kumar Sivaram.

According to the decision by a five-member panel of justices, the application was incompetent. By the ruling today, the apex court has paved way for the Immigration service to restore the work and residence visa of the Indian businessman within the period ordered by the High Court.

Shockingly, state attorney Jasmine Armah representing the Attorney General failed to appear before the court.

Background the High Court some months ago ordered the Immigration service to restore the work and residence permit of Mr. Sivaram within seven days, after months of failing to do so, despite a decision quashing his deportation due to its illegal nature.

The court on July 31, 2017, quashed the deportation of Mr. Sivaram by the Interior Minister, Ambrose Derry.

According to the court, the Interior Minister exceeded his jurisdiction by determining fraud against the Indian businessman without recourse to the court. But Mr. Sivaram, since his return to the country, has not been given a visa despite a court order.

The Indian businessman has also petitioned President Nana Akufo-Addo to call the Minister of Interior and the Comptroller of the Ghana Immigration Service to order over what he termed as harassment by the two. Mr. Sivaram said he was constantly being harassed by officials of the Ghana Immigration Service, and he believes his frustrations are part of a grand scheme to transfer interests in his company, Jai Mai Communications Limited, to his business partner.

The Comptroller-General of the Ghana Immigration Service, Kwame Asuah Takyi, has however rejected accusations that he is conniving with the Interior Minister to frustrate the Indian businessman.

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