60 China experts told to leave India, desi cell company moves Bombay high court

MUMBAI: A Mumbai-based cellphone-manufacturing company approached the Bombay high court on Wednesday to challenge the validity of ‘Leave India notices’ issued to nearly 60 Chinese experts visiting its plants in Daman and Silvassa.
The Foreigners Regional Registration Office (FRRO) had issued the notices on December 15 for alleged violation of their business visa conditions following a plant inspection earlier this month. The company said the notices are not only “drastic” but also “unjustifiable and arbitrary”.According to the company, the FRRO action violates its right to equality and trade as such visits by foreign experts for technical guidance have been an “essential industry norm” over the last two years.

Nausher Kohli, the company’s counsel, appeared before a bench of Justices B P Dharmadhikari and Sarang Kotwal to seek an urgent hearing before the Christmas vacation as the Chinese nationals have been directed to leave India immediately. At least six of them have already left even though their visas are still valid, he said. The bench took the urgency into account and posted the matter for hearing on Friday.

Kohli said they were visiting plants of Pacific Cyber Technology on business visas. “The Leave India notices have been issued to 60 Chinese nationals without providing them and the petitioners with an opportunity to be heard or represented.”
The Chinese nationals were sent by the company’s joint venture partner, its customers and suppliers from abroad. The plants are recipients of the ministry of electronics and information technology’s modified special incentive package scheme, the petition stated. These plants design, develop and assemble mobile phones and are “committed to the government’s Make in India movement,” it further stated.
Some of the Chinese nationals have valid visas till December 20, some till December 27 while the longest validity is May 2019. Almost all were on a 180-day business visa.
One leave India notice that the FRRO issued on December 15 to one of the 60 Chinese nationals read: “Consequent upon the field inspection on December 4 at M/s Pacific Cyber technology Pvt Ltd, Athal, you…were found working on machine, therefore you have violated the condition laid down for B-1 visa granted to you.”
The FRRO officer, Dadra and Nagar Haveli, added, “Now, you are hereby directed to leave India immediately for misuse of B-visa, otherwise action will be initiated against you under Foreigners Act and Rules.”
The company has its registered office in Mumbai and its mobile manufacturing units are in Daman and Silvassa. Its majority shareholders are based in Hong Kong. It has manufactured “5.5 million phones” in the past seven months.
“Experts visit the plants to impart training on running highly sophisticated machines effectively and to detect defective machines on the machine line itself,” stated the petition. Customer and supplier representatives also visit to ensure quality requirements are met.
The petition said their “entire industry is dependent on such visits by technical experts and representatives”. Seeking expert advice or training is considered “an essential norm” in the mobile phone industry since the past two years.
Yet, there was an inspection on December 4 where to the petitioner’s “shock and surprise”, certain officers inspected the passports of all Chinese representatives who were present at the plants. “They also took pictures and videos of the Chinese representatives through their mobile phones.” When the company’s employees asked the FRRO officials for reasons for the visit, they said they were informed that these Chinese nationals were restricted from working at the workshop and machines at the plants.
The company said the Chinese nationals who received the notices “are representatives of its customers who were present in the factor on December 4 for audits and quality inspection”. It challenged the notices as being “unjustified and arbitrary”. It has sought setting aside of the notices, saying its business would be affected and even come to a standstill.