Steven Douglas Harding vs Union of India — Bombay HC (2025) — LawSathi Research

Steven Douglas Harding vs Union of India — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Direction (as and by way of one last chance) to the Respondent – Ministry of Home Affairs (Foreigners Division) to decide the Petitioner's wife's representation dated 22nd August 2025 latest by 3rd November 2025, failing which the concerned Officers would be summoned to remain present in Court; Writ Petition to be placed on 4th November 2025 under the caption 'For Directions'; Respondent to act upon an authenticated copy of the order.

Issue for consideration

Whether and by when the Respondent – Ministry of Home Affairs (Foreigners Division) must decide the representation made by the Petitioner's wife on 22nd August 2025 for removal of the Petitioner's name from black listing, in view of its repeated non-compliance with the earlier orders of 14th August 2025 and 9th October 2025.

Court's answer

As and by way of one last chance, the Court directed the Respondent – Ministry of Home Affairs (Foreigners Division) to decide the representation received from the Petitioner's wife on 22nd August 2025 latest by 3rd November 2025.

Ratio / Principle

If no decision is taken on the representation by 3rd November 2025, the Court would be constrained to summon the concerned Officers of the Respondent to remain present in Court.

Detailed headnote1 paragraphs

Bombay High Court (R.I. Chagla and Farhan P. Dubash, JJ.), Writ Petition No. 3426 of 2025, Steven Douglas Harding v. Union of India, order dated 17 October 2025 — Blacklisting; representation of petitioner's wife. The representation made by the Petitioner's wife on 22nd August 2025 to the Ministry of Home Affairs (Foreigners Division) for removal of the Petitioner's name from black listing remained undecided despite the order dated 14th August 2025 (disposal of the Writ Petition with direction to decide it within six weeks, keeping in mind the Petitioner's age and health) and the order dated 9th October 2025 (extension to 16th October 2025). By letter dated 13th October 2025 (taken on record and marked 'X'), the Ministry sought a further one-month extension on the ground that it was a policy matter requiring views/comments of other stakeholders. As and by way of one last chance, the Court directed the Ministry to decide the representation latest by 3rd November 2025, failing which the concerned Officers would be summoned to remain present in Court; the Writ Petition was placed on 4th November 2025 under the caption 'For Directions', with liberty to act on an authenticated copy.

JPP 903. WP 3426.2025.doc

Digitally signed JYOTIPRAKASH by JYOTIPRAKASHPAWAR PAWAR Date: 2025.10.17 15:51:53 +0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION

WRIT PETITION NO. 3426 OF 2025

Steven Douglas Harding … Petitioner V/s. Union of India … Respondent

Mr. Harish Pandya with Mr. Mittal Munoth and Ms. Anushka Jain i/b. Kookada and Associates for the Petitioner

Ms. Leena Patil for Respondent Nos. 1 to 4

Ms. P.H. Kantharia, G.P. with Ms. Fatima Lakdawala, AGP for Respondent No.5 – State

CORAM : R.I. CHAGLA AND

FARHAN P. DUBASH, JJ.

DATE : 17TH OCTOBER 2025

P.C. :

By an order dated 9^th October 2025, this Court had granted an

extension of time to the Respondents to decide the representation received

from the Petitioner’s wife on 22^nd August 2025 and which representation had to be decided on or before 5^th October 2025. The extension granted was no later than 16^th October 2025 for the Respondent - Ministry of Home Affairs (Foreigners Division) to decide the representation. The matter has accordingly come up today.

The learned AGP appearing for Respondent Nos. 1 to 4 has submitted that the Respondent – Ministry of Home Affairs (Foreigners

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JPP 903. WP 3426.2025.doc

Division) has addressed a letter dated 13^th October 2025 to the Commissioner, Bureau of Immigration, wherein it is stated that the further extension of time of one month is required for deciding the said representation received by the Petitioner’s wife on 22^nd August 2025 as this is a policy matter and views/comments of other stakeholders is required to be taken for deciding the same. The said letter dated 13^th October 2025 addressed by the Respondent – Ministry of Home Affairs (Foreigners Division) is taken on record and marked ‘X’ for identification.

By the prior order dated 14^th August 2025, this Court had disposed of the Writ Petition directing that the representation made by the Petitioner’s wife to the Ministry of Home Affairs (Foreigners Division) is to be decided as expeditiously as possible, keeping in mind the Petitioner’s age and health and in any event, within six weeks from the date of receiving the said representation. This was pursuant to the liberty granted to the Petitioner’s wife to make a representation before the appropriate authority for removal of the Petitioner’s name from black listing. In spite of this order and the subsequent order referred to above, the representation of the Petitioner’s wife made on 22^nd August 2025 still remains to be decided. It was made clear in the subsequent order dated 9^th October 2025 that the Respondent - Ministry of Home Affairs (Foreigners Division) shall decide the representation no later than 16^th October 2025. Inspite of this direction, the

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JPP 903. WP 3426.2025.doc

Respondent – Ministry of Home Affairs (Foreigners Division) has sought for yet another month to decide the representation in the said letter dated 13^th October 2025 marked ‘X’ .

We, as and by way of one last chance, direct the Respondent – Ministry of Home Affairs (Foreigners Division) to decide the said representation latest by 3^rd November 2025. In the event, a decision is not taken on the said representation by that date, this Court would be constrained to summon the concerned Officers of the Respondent to remain present in Court.

The Writ Petition shall be placed on 4^th November 2025 under the caption “For Directions”.

The Respondent – Ministry of Home Affairs (Foreigners Division) shall act upon an authenticated copy of this order.

( FARHAN P. DUBASH, J. ) ( R.I. CHAGLA J. )

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