Dismissed

Amit v. Union of India & Ors.

Delhi HC13 Aug 2024W.P.(C)/4275/2024

Case brief

AI extract

What is this about?

Writ petition challenging blacklisting of petitioner's wife. Court observed forgery allegations, permitted withdrawal, and directed representation to Ministry of Home Affairs for reconsideration of the blacklist upgrade.

What did the court decide?

Petitioner permitted to withdraw petition and make representation to Joint Secretary, Foreign Division, MHA for revocation of upgraded blacklisting.

Amit Vs Union of India & Ors. — Writ and Judicial Review | Delhi HC (2024)

¶1

$~74

¶2

IN THE HIGH COURT OF DELHI AT NEW DELHI

¶3

- W.P.(C) 4275/2024

¶4

AMIT .....Petitioner

¶5

Through: Mr. F.A. Ayyubi, Mr. Ibad Mushtaq and Ms. Akanksha Rai, Advocates.

¶6

versus

¶7

UNION OF INDIA & ORS. .....Respondents Through: Ms. Nidhi Ran, CGSC with Ms. Rashi Kapoor and Mr. Zubin Singh, Advocates for R-1 to 3.

¶8

CORAM: HON'BLE MR. JUSTICE SANJEEV NARULA

¶9

% 13.08.2024 CM APPL. 46455/2024 (for early hearing)

¶10

The Petitioner seeks early hearing of the petition. Considering the grounds and reasons stated, the application is allowed and with the consent of counsel for the parties, the main writ petition is called on board.

¶11

Disposed of.

¶12

W.P.(C) 4275/2024

¶13

Mr. Amit, the Petitioner has filed the instant petition seeking review and quashing of blacklisting action issued against his wife- Ms. Zakhro Solieva, who is an Uzbek citizen. The Petitioner contends that his wife is not able to come to India from Uzbekistan as the Indian Immigration Authority has denied visa owning to the blacklisting action.

¶14

The Petitioner states that he solemnized his marriage with Ms. Zakhro

¶15

This is a digitally signed order.

¶16

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/08/2024 at 12:31:39

¶17

Solieva on 12^th November, 2022 as evident from the marriage certificate placed on record. At that time, Ms. Zakhro Solieva was in India on a medical visa. Her visa was extended till January, 2022. During the validity of the visa, she got married to the Petitioner and overstayed in India. Thereafter, she was granted permission to exit on payment of penalty. Complying with the exit permit, she left India on 5^th February, 2022 with hope to return, to unite with Petitioner and the family. However, at the immigration desk she was verbally informed that she has been blacklisted and would not be able to return to India, leading to the filing of the present petition.

¶18

From the counter affidavit filed by Respondents No. 1-3, some pertinent facts have emerged. It has been pointed out as follows:

¶19

5.1. The Petitioner’s wife Ms. Zakhro Solieva arrived in India on the strength of an Uzbek Passport No. FA0634295 and Indian medical VISA bearing no. VK742044 valid till 25^th April, 2021. Her VISA was last extended by the FRRO till 31^st January, 2022. After overstaying in India for nearly two years beyond her visa’s expiration, she applied for visa services with the FRRO. Based on her application, she was granted an exit permit on 25^th January, 2024, requiring her to depart India by 7^th February, 2024. She left for her native country on 5^th February, 2024. However, due to her twoyear overstay, she was blacklisted under the relevant guidelines, with the blacklist period initially set to last until 6^th February, 2025.

¶20

5.2. Additionally, during Ms. Zakhro Solieva’s previous stay in India, she was found using forged visa documents within the jurisdiction of FRRO/Kolkata. The forged visa falsely extended the validity till 30^th August, 2022 although the original visa was valid only until 30^th January,

¶21

This is a digitally signed order.

¶22

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/08/2024 at 12:31:39

¶23

This action of the Petitioner’s wife was intended to hoodwink immigration/local authorities to avoid penal action. Her blacklisting was subsequently upgraded under the relevant category (Grade A) for this misconduct.

¶24

Heard. The Court has reservations about the maintainability of the present petition, particularly as to what fundamental right the Petitioner is invoking to seek cancellation of a blacklisting order affecting his spouse, nonetheless, the counsel for the Petitioner has been extensively heard. It has come to light that the Respondents have upgraded Ms. Zakhro Solieva’s blacklisting due to her involvement in forging visa documents.

¶25

Counsel for the Petitioner, states on instructions that Petitioner or his spouse was not aware of any such allegation of forgery. In such circumstances, he would like to withdraw the present petition and seeks liberty to make a representation to the FRRO to clarify their position, and for revocation of the upgraded blacklisting decision.

¶26

Accordingly, the Petitioner is permitted to make a representation to Joint Secretary, Foreign Division, MHA, which shall be considered on its own merits, in accordance with law.

¶27

In light of the above, the present petition is disposed of. 10. The next date of hearing fixed, i.e., 11^th December, 2024 stands cancelled.

¶28

SANJEEV NARULA, J

¶29

AUGUST 13, 2024 nk

¶30

This is a digitally signed order.

¶31

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/08/2024 at 12:31:39

Amit v. Union of India & Ors.

Case brief

What is this about?

What did the court decide?

Amit v. Union of India & Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Vishakha Arya Vs Union of India & Ors.

Reetwige Rishav Vs Union of India and Anr.

Neelkanth Steel and Alloys Vs Asstt. Commissioner Ofincome Tax, Circle 49(1), & Ors.

Vinod Kumar Chawla Vs Union of India & Ors.

Khairun Nisa Vs Delhi Jal Board and Ors. & Anr.

Vinod Garg Vs Bses Rajdhani Power Limited & Ors.

Ajit Singh & Ors. Vs Union of India & Ors.

Rajendra Prasad Nautiyal and Ors. Vs Union of India and Ors.

Religare Enterprises Limited Vs Securities and Exchange Board of India

D2S Infrastructures Pvt. Ltd. Vs Directorate General Border Roads and Ors.

Psl Infratech Private Limited Vs National Highways Authority of India & Anr.

Neetu Singh Vs Govt of NCT of Delhi and Ors.

Debasish Chakraborty Vs Union of India and Ors.

Netfra Solutions Private Limited Vs Commissioner of Police, New Delhi & Ors.