Court Dismisses Writ Petition by Pakistani Spouse of Indian Citizen Seeking Visa Entry for Family Event
In a significant judgment, the Kerala High Court has upheld the Central Government's decision to suspend visa services for Pakistani nationals, emphasizing the sovereign right of the Union to regulate the entry of foreigners based on national security considerations. The verdict came in response to a writ petition filed by Unaiz Kadumbottil, an Indian citizen, and his Pakistani spouse, seeking permission for her to enter India to attend a family wedding.
The petitioners, currently residing abroad, had sought directions to enable the submission and processing of a visa application for the second petitioner, a Pakistani national. However, the court, presided over by Justice Bechu Kurian Thomas, dismissed the plea, stating that no foreign national has an inherent right to seek entry into India or to demand the processing of a visa application, even if married to an Indian citizen.
The court highlighted that the regulation of entry, stay, movement, and departure of foreigners is an exclusive sovereign function of the Union, rooted in considerations of sovereignty, integrity, security, and public order. The Central Government had previously issued an order under Section 3 of the Foreigners Act, 1946, revoking existing visas and suspending the issuance of new visas to Pakistani nationals, except for specific categories like medical and diplomatic visas.
Justice Thomas emphasized that the right to liberty under Article 21 of the Indian Constitution can be curtailed by a procedure established by law, which in this case, is the order issued under the Foreigners Act. Furthermore, Article 14, which guarantees equality before the law, cannot be invoked by the petitioner as she is not currently within Indian territory.
The court's decision aligns with a prior ruling by the Delhi High Court, which upheld the government's order citing serious national security concerns following attacks in Pahalgam. The judgment reiterates that foreign nationals, regardless of their marital status to Indian citizens, do not possess a vested right to enter India or to have their visa applications processed while the order remains in force.
The petitioners' counsel argued for the right to apply for a long-term visa, considering the marital relationship with an Indian citizen. However, the court maintained that such considerations do not override the sovereign functions of the state or the existing security protocols.
This judgment reinforces the stance that visa issuance is a matter of state discretion, deeply intertwined with national security and foreign policy, and not subject to individual demands or rights.
Bottom Line :
Foreign national, including spouse of an Indian citizen, has no vested right to demand opportunity to apply for or have Visa application processed for entry into India when Visa services stand suspended by order issued under Section 3 of the Foreigners Act, 1946 on grounds of national security.
Statutory provision(s):
Foreigners Act, 1946 Section 3, Constitution of India, 1950 Articles 14 and 21
Unaiz Kadumbottil v. Union of India, (Kerala) : Law Finder Doc id # 2989333
