Supreme Court quashes High Court order that restored Indian businessman's resident permit

The Supreme Court has quashed a High Court's order by restoring the residence and work permit of Indian Businessman, Ashok Kumar Sivaram. 

According to the Justices of the Supreme Court, the High Court Judge erred in granting the order of mandamus.

They also indicated that the Judge exceeded her jurisdiction in making the order.

The Justices added that mandamus could not be granted in this situation when the businessman has not gone through the administrative process of getting the revocation addressed. 

This follows a suit seeking the court to quash the orders of the High court that ordered the Controller of the Ghana Immigration Service to restore an Indian Businessman’s residence and work permits as well as an order of mandamus by the same court.

The Ghana Immigration Service following an order by the Interior Ministry in June 2017, deported Mr. Sivaram on the premise that he had forged his marriage certificate in an application for citizenship, which led his lawyer to contest his deportation by seeking judicial review.

The High Court which heard the case upheld the businessman’s application and quashed his deportation order on July 31, on the grounds that the Interior Minister exceeded his jurisdiction.  

The applicant after the failure of the GIS to comply with the first order, proceeded to court for an order of mandamus to compel them to comply with the first order.

The High court once again ordered the GIS to restore the Residence and Work Permit of Mr. Ashok Kumar Sivaram, the Indian businessman within seven days and also ordered the GIS to desist from harassing him until his application before the Service was duly processed.

The GIS represented by the Attorney General’s office after the second case filed a stay of proceedings at the High Court which was subsequently dismissed. 

They further went ahead to appeal against the ruling in the Court of Appeal which was also dismissed leading to the case at the Supreme Court.  

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