New Delhi, Sept. 29 -- The Delhi High Court has made it clear that humanitarian considerations cannot be invoked to bypass the statutory framework governing the entry and stay of foreign nationals in India.

Dismissing a petition filed by an Afghan national lodged at the Lampur Detention Centre, Justice Sanjeev Narula observed that while courts can intervene to prevent arbitrary detention, they cannot create a right to reside in India where such a right does not exist under law.

The petitioner, convicted under Section 14 of the Foreigners Act, 1946, had sought release from custody by relying on a refugee certificate issued by the United Nations High Commissioner for Refugees (UNHCR).

The Court, however, strongly noted that India is not ...