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Nausheen Naz, Citizen of Pakistan, married to Mohd Javed, Citizen of India, and they have two children studying in Delhi Schools. She has been staying in India from 2015 on the basis of a long-term visa (LTV). A Notice dated 07.02.2019 captioned “Leave India Notice” was served to her to leave India with 15 days of receipt of the Notice.
The Single Bench of Delhi High Court dismissed the plea challenging the notice, stating that the granting visa is the discretionary power of Government of India. Thus, on a appeal the Division bench took a contrary view such that, directing Nausheen to leave the country would (1) negate the principles of ‘Family’, natural and fundamental unit of society, is entitled to protection of its arbitrary interference by the State, as been contained in ICCPR; (2) it would be an infringement of rights of three Indian Citizens, where the rights of the Husband and 2 children cannot be violated mere by a stroke of a pen; and (3) it would also violate the basic tenets of natural justice by not allowing her an opportunity of being heard for any matter allege against her.
The Bench also noticed that LTV was valid till 08.06.2020, while she has also applied for citizenship of India and is pending with the authorities, and the LTV has not been cancelled by any authority. The Bench then directed the Ministry and authorities to decide upon the application of Citizenship by Nausheen, in accordance with the law.
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