FPA Obtains Court Documents Revealing Indian National, Manoj Kumar, Use of Multiple Names, Perjury, and Potential Security Threats to Liberia and its Citizens

It can be recalled that the Liberian government, through the Liberia immigration Service (LIS) on September 14, 2021 denied Mr. Kumar from staying in the country shortly after he arrived at the Roberts International Airport (RIA) in Kakata, Margibi County.

He was deported back to India.

Following his deportation, Mr. Kumar filed a case for declaratory judgment against the government, through the Commissioner of the LIS Mr. Robert Budy.

He claimed that he has resided in Liberia for 21 years peacefully with his family.

He noted that after he travelled out of Liberia and upon his return to the country, he was refused entry into Liberia by authority at the airport, and put on a plane to Ghana back to India at the time his family members were waiting to receive him.

In his petition, Mr. Kumar further claimed that he committed no crime to be treated like a criminal and as such, he contended and prayed for the court to grant him permission to return to Liberia as a right.

But in a return filed on October 28, 2021, by and thru the Ministry of Justice, the government quoted Title 12 of the Liberia Codes of Law Revised-Chapter 22 Section 22.2 which grants it the power to act for and on behalf of the Government of Liberia.

The government, through the MOJ contended that no court of law can substitute a privilege as a right because; there is a difference between a privilege and a right.

It added that Chapter 43 Section 43.1 states that for courts of record to grant a party right, said party must have that legal right over a particular subject either in his own name or a representative capacity and the party must demonstrate his right either actual or constructively has been violated or abused.

“Respondent contends further that a country may grant a visa or deny a visa to anyone without an explanation. That Petitioner Manoj Kumar uses multiple names such as Manoj Kumar Vastwani, Haresh Kumar and that the Petitioner has lied under the oath in making false and misleading representation that he is in Monrovia by the Caption of the Petition,” the government stated in its response to the petition.

The government also contended that Mr. Kumar was an “undesirable alien and a threat to national security who was being investigated, but fled the country and evaded immigration authorities when an indictment was issued to be served on him.”

The government maintained that Mr. Kumar’s behavior was incompatible with his status as an alien and as such, his re-entry visa was cancelled because the stature grants it the power to revoke, cancel and deny visas to alien.

Court’s rulings

Judge Kennedy Peabody of the Civil Law Court at the time ruled that the issuing of visa and entry into Liberia is not a right to an alien or non-Liberian.

The court quoted Section 5.1 (u) (ii) of the Aliens and Nationality Law of Liberia which states that: “the Attorney General has the right to exclude any alien from entry into Liberia. Aliens who the consular officer or Attorney General knows has reason to believe seek to enter Liberia solely, principally or incidentally to engage in activities which would prejudice and be prejudicial to the public interest, or endanger the welfare, safety or security of Liberia; Aliens who advocate or teach, or who are members of or affiliated with any organization that advocates or teaches, opposition to all organized government.”

The court maintained that in keeping with Section 5.14 (2 ) entitled Refusal of Immigration Visa under the Alien and Nationality Law of Liberia and the Spirit and Intent of the Stature, an application for entry visa is not a right to alien nationals.

It added that the issuance of an entry visa to non-Liberian is a privilege and not a right.

The court stated that there is no showing in its records that Mr. Kumar’s rights have been intruded upon and challenged by anyone or any institution for that matter, or he is a Liberian citizen and government obstructed his movement.

“Petitioner (Mr. Kumar) has neglected, failed and refused to name specifically how he is entitled to the rights he wishes this court to declare. Contrarily, it seems that Petitioner is on a fishing expedition, and a court will only declare a right when it is evidenced that the Petitioner is entitled to that right and not by speculating. Unfortunately, Petitioner named the Government of Liberia through the Liberia Immigration Service as being responsible for the violation of his alleged rights which he wishes this court to declare. This court is at a loose end. How then may this court legally base its judgment on mere speculation?,” the court ruling further revealed.

It continued: “One who alleges has the burden of prove, in the absent of a documentary evidence that Petitioner is a citizen and he is entitle to the right to leave and enter the Republic of Liberia, and that his right to enter has been challenged and violated, this court is inclined to refuse jurisdiction to declare Petitioner’s rights as an alien resident of Liberia. This court does not see the essence of declaring said rights when Petitioner is not entitled to it. Court will not do for party litigants what they ought to do for themselves.”

“There is no showing that there was obstruction to, or interference with the right of the Petitioner as a citizen to leave and enter Liberia by anyone or any institution, nor the Government of Liberia. Under the same parity of reason, in the Cox Petition, it is proper to say that Petitioner does not have standing and capacity since he suffers no injury as a non-citizen of Liberia.”

Mr. Kumar’s petition was denied and dismissed by the Civil Law court on grounds that there were no records of his case that his rights have been intruded upon and challenged as a citizen; and he does not have the standing to have brought the matter before the court.

“The Petitioner’s petition for declaratory judgment is hereby denied and dismissed with prejudice and Petitioner is not allowed to enter the Republic of Liberia for the above reasons stated,” Judge Peabody ruling rendered in the case on December 2, 2021 stated.

Appeal announced

Following the ruling, lawyers representing the legal interest of Mr. Kumar announced an appeal to the Supreme Court.

But on November 16, 2022, the Clerk of the Sixth Judicial Circuit, Civil Law Victor G. Gailor, issued a citation disclosing that “a careful inspection of the case file in the above captioned cause of action/case reveals that the petitioner has failed and neglected to complete his/its appeal process; up to and including the date of the issuance of the Clerk’s certificate.

The court is being presided over by Judge Nancy Sammy.

On December 13, 2022, the Supreme Court, in a notice issued under the signature of its Clerk Counselor Sam Mamulu, upon the order of Associate Justice Yussif D. Kaba, declined to issue a writ of prohibition which was filed by Mr. Kumar against Judge Peabody’s ruling.

The Supreme Court’s decision prompted the Civil Law Court, through Judge Ousman F. Feika to climax the case with the issuance of a certificate which certified that “from the careful perusal of documents with this court, it is observed that the motion to dismiss the appeal was assigned, heard and granted and the submission of the respondent conceding the soundness of the motion hereby bringing this case to its finality.”

The certificate to bring the case to a legal conclusion was issued under the signature of the Clerk of the Court Nah J. Wollor on January 19, 2023.

Kumar not Pastor

Prior to the conclusion of the case, the leadership of the Shree Geeta Ashram Indian Temple, through its President Laxmandas T. Bhojwani, denied that Mr. Kumar was a Pastor of the Temple.

According to them, Manoj Kumar alias Manoj Kumar Vatmani was only a devotee of Geeta Ashram.

“All the information being circulated about his position in Geeta Ashram as General Manager, Priest or Pastor is false, baseless and misleading. We wish to clarify that Geeta Ashram is operating very well as per the Hindu religious traditions and is opened to Devotees daily. We celebrate all our Hindu Festivals and other events regularly.”

They clarified that the Temple regularly holds its weekly service on Sunday beginning 9AM to 1PM where prayers are offered and hymns sang by the Devotees and Priest, noting that, “every Sunday we have Langar (community kitchen) for all the devotees and the number of devotees who attend the service on Sundays has increased with time.”

“I am further appointing my son Kunal Bhojwani as Acting President to look after all the affairs of the Geeta Ashram until otherwise with the consent of the Board of Trustee  due to my health condition.”

Despite the church and court positions on the matter, Mr. Kumar has been seen in a video which has gone viral on the social media, expressing his willingness to return to Liberia to be prosecuted for any crime he may have committed.

He previously served as Manager of Britone Paint Company in Liberia for several years. He is also married to an Indian woman.

Though Mr. Kumar has been accusing others of masterminding his deportation, FrontPage Africa has gathered from legal documentations that his deportation was based upon the government’s claims of posing a national security threat to the national and its people, for lying under oath by using multiple names, and for seen the need to obtain a Liberian visa as a right and not a privilege.

He was also accorded due process by the Liberian government following his deportation when he sued the government, through the LIS. However, his case has been finally adjudicated when the High Court declined to issue a prohibition against the lower court’s decision.

It is a common practice for governments of various countries to deny foreign nationals or aliens’ entry into their respective countries.

Hundreds of Liberians are being denied entry into foreign countries, including the United States and India for unjustifiable reasons.