The Ministry of Interior has been petitioned to restore the residence and work permit of an Indian businessman, Mr. Ashok Kumar Sivaram, who was recently shipped out of the under very controversial circumstances.
The Attorney for Ashok Kumar Sivaram has raised concerns over the deportation of their client from Ghana to India, saying the Ghana Immigration Service (GIS) didn't serve him a notice.
Last year, an Accra High Court ordered the GIS to restore the permit within 7 days.
The court also ordered the GIS not to harass the businessman or make any attempt to deport him before restoring the permit.
On Thursday, March 8 this year; the Supreme Court quashed the High Court order for the restoration of the residence and work permit of embattled Indian businessman, Ashok Kumar Sivaram.
The High Court, according to Justices of the Supreme Court, erred in granting the order and also exceeded her jurisdiction in making the order.
But in a statement signed by the George Otempong Dankwa, Attorney for the Indian business magnate and sited by Peacefmonline.com, the notice for Mr. Sivaram to exit the country was "never served" on him "to afford him any opportunity to prepare himself to comply with the terms of the letter" dated 9th March, 2018.
"Surprisingly, on 11th March, 2018, officers of the Ghana Immigration Service stormed the residence of Mr. Ashok Kumar Sivaram and with blocks broke into his room and forcibly took him out of the country the same day. Whilst on the flight, Mr. Sivaram was handed over a letter dated 9th March, 2018 to the effect that his permit to remain in Ghana has expired and therefore his presence in Ghana was unlawful.
"In effect, he was according to the said letter, to leave Ghana within forty-eight (48) hours upon receipt of the said letter", the statement disclosed.
The Counsel has appealed to the Minister of Interior, Ambrose Dery to intervene and ensure Mr. Sivaram's residence and work permit is granted him.
Mr. Otempong Dankwa on behalf of his client argued that his client has stayed in Ghana over 18 years and is a law-abiding taxpayer bearing no criminal record.
He further pointed out his client has a "business interest in Ghana employing Ghanaian citizen" and so "it is imperative that the paramount interest of the company and the workers be taken into consideration so as to re-issue Sivaram's Residence/Work Permit. It is very likely that being the only resident director of Jai Mai Communications Limited and having been repatriated to India, the company would be injuriously affected in terms of its operations and the welfare of the over one hundred and sixty (160) workers employed by the Telecom company".
Background
Ashok Kumar Sivaram was deported from Ghana on Thursday, June 1, 2017 under the hand of the Minister of Interior, Ambrose Dery.
A petition was submitted to the Interior Minister's officer by Mr. Sivaram's solicitors on June 9 last year for the restoration of his residence and work permit.
Mr. Sivaram returned to Ghana on Wednesday, August 2, 2017 following the Accra High Court quashing of the Deportation Order on 31 July, 2017.
Following the decision of the Ghana Immigration Service not to restore the permit, an application for Mandamus was filed at the High Court.
The Supreme Court however set aside the High Court ruling making the deportation of Mr. Sivaram valid.