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PIL has been filed by a 74 years U.S citizen in Kerala High court. Petitioner had approach court, praying for his extension of stay in India and he sought to convert his tourist visa to a business visa without leaving the country. He pleaded that he had come to India on a tourist visa on 26 Feb 2020. The visa is valid till 26 Jan 2025.
Petitioner contended that as the country went to lockdown due to COVID 19 pandemic, he has stuck. Petitioner added that policy guidelines issues by GOI with respect to e visa and permitted to stay only up to 180 days in one visit. So he has to leave before 28 Aug 2020.
Respondent informed the court that the Government of India, Ministry of Home Affairs, foreigners have considered the problem related to foreign nationals stuck in India due to COVID 19 and stated,
“Regular Visa e-visa or stay stipulation, of such foreign nationals whose visas have expired or would be expiring during the period from 01.02.2020 (Mid-night) till the date on which prohibition on international air travel of passengers from India is lifted by the Government of India, would be extended on 'GRATIS' basis on submission of online application by the foreigners. Such extensions would be granted for a period of up to 30 days from the date of the lifting of the prohibition on international air travel of passengers from India without levy of overstay penalty. Exit to such foreign nationals, if so requested by them, will also be granted on the same lines.”
Taking note of all afore stated contention Justice C A Dias observed,
Foreign national does not have the right to reside and settle in India as mentioned under Article 19(1)(e) held by Supreme Court in Case “Louis De Raedt v. Union of India and Ors”
Further, the machinery of Article 14 also cannot be invoked by foreign nationals. Rights under Articles 19(1) (d) and (e) are expressly withheld to foreigner nationals.
Kerala High court referred the judgment of Constitutional Bench of Supreme Court in ‘Hans Muller of Nurenburg v. Superintendent, Presidency Jail, Calcutta has held that the power of the Government of India to expel foreigners is absolute and unlimited and there is no provision in the Constitution fettering this discretion.
In view of the above and declaration of law by the Supreme Court, the relief sought in the prayer cannot be granted to the Petitioner, the court noted
Court added as it falls within the purview of the guidelines and the discretion of the Government of India by stating
“Grant and extension of visas to foreign nationals fall exclusively within the domain of the Government of India, to ensure the sovereignty and the national security of the country, which stands at the highest pedestal. The scope of judicial review in such matters is minimal.”
The petition is accordingly dismissed.
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