Kerala Nurse Deported from Belgium Acquitted in Passport Forgery Case

New Delhi: A decade-old case involving the deportation of a Kerala-based nurse from Belgium has finally seen a significant legal development. A Delhi court has acquitted the nurse of all charges related to fraud and passport forgery, citing lack of evidence.

Court Ruling
Additional Sessions Judge Pranav Joshi observed that the prosecution had failed to establish that the accused, Leena Maria Susai, had misled Indian immigration authorities. The charges, initially filed by the Foreigners Regional Registration Office (FRRO), included alleged fraud, forgery under various sections of the Indian Penal Code, and possession of a counterfeit passport under the Passport Act.

The court noted multiple procedural lapses during the investigation, including broken custody chains, absence of original documents, and concealment of information by the prosecution. Judge Joshi remarked that the case appeared to be entirely based on unverified allegations from Belgian immigration authorities.

Background of the Case
In December 2015, Susai had traveled from New Delhi to Brussels. Belgian authorities allegedly detected tampering in her passport the following day, leading to her deportation. Her defense, led by Advocate Manoj Taneja, highlighted that her original passport had been retained, no FIR was filed at the time, and she was permitted to return to Kerala.

At the behest of FRRO, an FIR was registered eight months later, in 2016, at the Indira Gandhi International Airport Police Station. Susai was granted anticipatory bail the same year, and the chargesheet was filed on July 12, 2022. The court observed that the alleged irregularities were identified only after her deportation, and Indian authorities found nothing suspicious at the time of her departure from Delhi.

Court Observations
The court further noted that under the Vienna Convention, Belgian officials could not be directly questioned. Records regarding the dispatch or receipt of documents from Belgium were missing. Additionally, one letter related to the case had Susai’s name handwritten, while the rest was typed, and the original documents were never produced in court. The FRRO’s special report referenced in their letter was never formally recorded.

Given these lapses and the absence of credible evidence, the court acquitted Leena Maria Susai of all charges.