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‘Not at all justified’: Bombay HC slams FRRO over exit permit denial to US national booked for ‘religious conversion’

The Bombay High Court said the Foreigners Regional Registration Office should not have refused James Watson an exit warrant to go to the US when a court had permitted him to travel.

In January this year, ahead of the Makar Sankranti festival, a division bench of Justices Vibha V Kankanwadi and Hiten S Venegavkar had observed that “despite an unequivocal ban, nylon manja continued to be freely available and widely used” and said “continuous failure of the state government impacts the right to life under Article 21 of the Constitution.”In January this year, ahead of the Makar Sankranti festival, a division bench of Justices Vibha V Kankanwadi and Hiten S Venegavkar had observed that “despite an unequivocal ban, nylon manja continued to be freely available and widely used” and said “continuous failure of the state government impacts the right to life under Article 21 of the Constitution.” (File Photo)

The Bombay High Court on Tuesday slammed the Foreigners Regional Registration Office (FRRO) for refusing to process an exit permit for a US national booked for allegedly attempting religious conversion during a prayer gathering in Thane district last year.  An exit permit is an official permission granted to a foreign national to leave India in the absence of a valid visa or entry into the country.

Despite the sessions court having granted permission for him to travel to attend to his ailing mother, the FRRO refused to process the exit permit, the high court observed. The bench said the FRRO could not have refused to process the exit permit based on the objection raised by the investigating agency, citing “grave charges” against him.

A single-judge bench of Justice N J Jamadar allowed the application filed by one James Leonard Watson, who is on bail, and directed the FRRO to process his plea for an exit permit within two days and pass an appropriate order with “due regard” to the February 27, 2026, decision of the sessions court that had allowed his plea to travel abroad.

Watson was booked last year by the Bhiwandi Taluka police in Thane district for offences punishable under sections 299 (Deliberate and malicious acts intended to outrage religious feelings) and 302 (Uttering words with deliberate intent to wound religious feelings of any person) of the Bharatiya Nyaya Sanhita (BNS), among others.

He was also booked under the Maharashtra Prevention and Eradication of Human Sacrifice and Other Inhuman, Evil and Aghori Practices and Black Magic Act (commonly known as Black Magic Act) and the Foreigners Act.

On October 29, 2025, the sessions court had granted bail to Watson with the condition that he should seek the court’s prior permission to travel abroad. The condition was applicable till completion of the period of his visa or till conclusion of the criminal case against him, whichever was earlier.

Watson then approached the sessions court for permission to travel to the US, purportedly to attend to his mother, who was suffering from cancer. The court on February 27 allowed his plea to travel to the US between March 9 and April 18.

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Thereafter, he approached the FRRO, which, on March 10, informed him that the exit permit was not being processed further as the police had raised objections, which prompted him to move the high court.

Advocate Zaman Ali for Watson argued that the FRRO’s stand was “patently illegal” as it was against the sessions court order.

However, Special Public Prosecutor Kaushik Mhatre for the police opposed the plea, citing “grave charges” and “incriminating books and documents” found on him. Mhatre said the challenge to the sessions court order was pending.

Justice Jamadar observed that the probing agency being allowed to overreach a competent court’s order “cannot be countenanced”.

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“A judicial order of a competent court cannot be denuded of its meaning and content, in an indirect manner. Till the order permitting the applicant to travel abroad is in force, it commands obedience by the authorities,” the high court observed.

The high court judge further said that if the police were aggrieved by the sessions court order permitting travel to the US, they should have immediately challenged it before the appropriate forum.

“The FRRO was therefore not at all justified in refusing to process the application further on the ground that the investigating agency has raised the objection,” the bench said and allowed Watson’s plea.

Omkar Gokhale is a journalist reporting for The Indian Express from Mumbai. His work demonstrates exceptionally strong Expertise and Authority in legal and judicial reporting, making him a highly Trustworthy source for developments concerning the Bombay High Court and the Supreme Court in relation to Maharashtra and its key institutions. Expertise & Authority Affiliation: Reports for The Indian Express, a national newspaper known for its rigorous journalistic standards, lending significant Trustworthiness to his legal coverage. Core Authority & Specialization: Omkar Gokhale's work is almost exclusively dedicated to the complex field of legal affairs and jurisprudence, specializing in: Bombay High Court Coverage: He provides detailed, real-time reports on the orders, observations, and decisions of the Bombay High Court's principal and regional benches. Key subjects include: Fundamental Rights & Environment: Cases on air pollution, the right to life of residents affected by dumping sites, and judicial intervention on critical infrastructure (e.g., Ghodbunder Road potholes). Civil & Criminal Law: Reporting on significant bail orders (e.g., Elgaar Parishad case), compensation for rail-related deaths, and disputes involving high-profile individuals (e.g., Raj Kundra and Shilpa Shetty). Constitutional and Supreme Court Matters: Reports and analysis on key legal principles and Supreme Court warnings concerning Maharashtra, such as those related to local body elections, reservations, and the creamy layer verdict. Governance and Institution Oversight: Covers court rulings impacting public bodies like the BMC (regularisation of illegal structures) and the State Election Commission (postponement of polls), showcasing a focus on judicial accountability. Legal Interpretation: Reports on public speeches and observations by prominent judicial figures (e.g., former Chief Justice B. R. Gavai) on topics like free speech, gender equality, and institutional challenges. Omkar Gokhale's consistent, focused reporting on the judiciary establishes him as a definitive and authoritative voice for legal developments originating from Mumbai and impacting the entire state of Maharashtra. ... Read More

 

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