Disposed

Dimple & Anr. v. Union of India and Ors.

Delhi HC11 Jan 2024W.P.(CRL)/126/2024

Case brief

AI extract

What is this about?

Writ petition seeking entry into India for petitioner no.1's husband, an OCI cardholder blacklisted by the Intelligence Bureau. The Court directed respondents to furnish the blacklisting order within one week and left the petitioners to approach the MHA Review Committee, which was directed to decide by speaking order after hearing, preferably in six weeks.

What the court decided

AI extract

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

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$~55

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(CRL) 126/2024 & CRL.M.A. 1060/2024 (Exemption from

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filing Vakalatnama on behalf of petitioner no. 1)

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DIMPLE & ANR. ..... Petitioners

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Through: Mr. Tripurari Ray, Mr. Varun Thakur & Mr. Ramkaran, Advocates.

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versus

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UNION OF INDIA AND ORS. ..... Respondents

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Through: Ms. Nidhi Raman, CGSC with Mr. Zubin Singh & Mr. Akash Mishra, Advocates for R-1, 3, 4 and 6. Mr. Digvijay Rai, Mr. Archit Mishra, Mr. Sachin Yadav, AGM (Law) for R-2/AAI.

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Mr. Sanjeev Bhandari, ASC (Crl.) for the State with Mr. Kunal Mittal, Mr. Arjit Sharma & Ms. Rishika, Advocates for R-5.

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CORAM:

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HON'BLE MR. JUSTICE AMIT SHARMA

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O R D E R

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% 11.01.2024 CRL.M.A. 1059/2024 (Exemption) & CRL.M.A. 1060/2024 (exemption)

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Exemptions allowed, subject to just exceptions.

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The applications are accordingly disposed of.

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W.P.(CRL) 126/2024

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The present petition under Article 226 of the Constitution of India seeks the following prayers:

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This is a digitally signed order.

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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 13/05/2024 at 12:29:29

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“a). Direct the Respondent/authority to allow the Petitioner No.1, her husband namely GRANT MICHAEL MCFARLAND, her two childrens namely Kristy and Reuel Grant, to enter in to the Indian Territory and;

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b) pass any other order or orders or direction as this Hon’ble Court deems fit and proper in the facts of the case.”

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Learned Central Government Standing Counsel for respondents no. 1, 3, 4 and 6 on advance notice submits that only the husband of the petitioner no. 1, i.e., Mr. Grant Michael Mcfarland has been blacklisted from entering into the country by the Intelligence Bureau (HQs).

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Learned counsel appearing on behalf of the petitioners submits that the said department does not have any power to pass such an order and therefore submits that the action in pursuance of the said order is illegal. It is further pointed out that the husband of petitioner no. 1, i.e., Mr. Grant Michael Mcfarland is an OCI (Overseas Citizen of India) card holder.

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Learned Central Government Standing Counsel has handed up in Court today, an order dated 12.12.2023 in W.P. (C) 12023/2022, passed by a co-ordinate Bench of this Court, wherein a similarly situated petitioner was directed to approach Review Committee challenging the order blacklisting the said petitioner. The details of the Review Committee are as under:

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“Joint Secretary (Foreigners), Ministry of Home Affairs, Dhyan

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Chand Stadium, New Delhi

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Email id: [email protected]”

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In view of the fact that the husband of petitioner no.1 has been blacklisted, respondent no. 6 is directed to provide the order of blacklisting to the petitioners within a period of one week from today.

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The petitioners are at liberty to challenge the same before the Review

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This is a digitally signed order. 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 13/05/2024 at 12:29:29

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Committee by way of a representation. Needless to state that the order deciding the representation would be a speaking order. The petitioners will also be entitled to a personal/virtual hearing and the date and time of said hearing shall be intimated at least two weeks in advance to the petitioners. The petitioners are also permitted to be represented through a counsel during the time of hearing.

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The Review Committee is directed to decide the case as expeditiously as possible preferably within a period of 06 weeks from the date of representation.

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With the aforesaid directions, the petition stand disposed of.

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Pending application(s), if any, also stand disposed of.

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Order be uploaded on the website of this Court forthwith .

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AMIT SHARMA, J

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JANUARY 11, 2024/bsr

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This is a digitally signed order.

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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 13/05/2024 at 12:29:29

Dimple & Anr. v. Union of India and Ors.

Case brief

What is this about?

What the court decided

Dimple & Anr. v. Union of India and Ors.

Case brief

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