The High Court in Suva has mandated that a woman, Premila Devi Singh, who was improperly confined with her two granddaughters, receive $38,945.49 in compensation for her ordeal. The incident occurred on December 17, 2023, when Singh, 68, and her granddaughters arrived at Nadi International Airport to board a flight to New Zealand for a family vacation.
Upon reaching the customs counter, Singh was informed that a Departure Prohibition Order (DPO) had been placed against her in the immigration system. She requested a copy of the order or an explanation for its issuance but was told that the order, issued by Fiji Revenue and Customs Services (FRCS), was not accessible as it was a Sunday.
Singh and her granddaughters were instructed to wait in a designated area while their luggage was taken away. Singh described the communication from officials as abrupt and lacking in courtesy, which resulted in significant embarrassment for her and her family.
Singh’s lawyer, Mohammed Saneem, argued that she had no outstanding tax liabilities and was unaware of any tax obligations or the existence of a DPO. Subsequently, FRCS acknowledged that the DPO had expired, and the Immigration Department failed to provide Singh with a copy of the DPO or an explanation for its enforcement.
As a consequence of this incident, Singh and her family faced unexpected expenses in Fiji due to their disrupted travel plans. On December 2, Justice Deepthi Amaratunga ruled that Singh’s right to freedom of movement, as stated in Section 21(3) of the Constitution, was violated due to the illegal and arbitrary restraint imposed on her by the defendants.
The court declared the DPO issued by FRCS invalid at the time it was enforced, emphasizing that immigration unlawfully executed an invalid order without providing necessary information to Singh. As a result, the FRCS and the Immigration Department have been ordered to pay $8,945.49 in special damages and $30,000 in general damages.
This ruling highlights the importance of upholding individuals’ rights and ensuring that government agencies act within the law, providing transparency and respect to all citizens.
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