Disposed¶45

Abdelagaliil Hassan Ahmed Suliman v. Union of India

Karnataka HC16 Sept 2025WP/20215/2025

Case brief

AI extract

What is this about?

Karnataka High Court (NC: 2025:KHC:36929), WP No. 20215 of 2025 (GM-RES), decided 16.09.2025 by Justice B M Shyam Prasad. Sudanese foreign national's plea for extension of visa on humanitarian grounds and stay of deportation refused; FRRO order dated 14.06.2025 under Section 3(2)(c) Foreigners Act 1946 and Para 11(2) Foreigners Order 1948 restricting his movement pending deportation upheld as valid statutory action; prosecution warning under Section 14 Foreigners Act 1946; overstay of 14 years admitted by DSG; petition disposed of subject to all just exceptions; no precedent cited; filed under Articles 226 and 227 of the Constitution.

What did the court decide?

This Court cannot exercise any jurisdiction on humanitarian grounds when the authorities have passed orders under the relevant statutes. ¶45

Abdelagaliil Hassan Ahmed Suliman Vs Union of India — Writ and Judicial Review | Karnataka HC (2025)

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NC: 2025:KHC:36929 WP No. 20215 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 16^TH DAY OF SEPTEMBER, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE B M SHYAM PRASAD

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WRIT PETITION NO. 20215 OF 2025 (GM-RES)

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BETWEEN:

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ABDELAGALIIL HASSAN AHMED SULIMAN AGED 38 YEARS 230, MEGANAHALLI, KALYAN NAGAR, BENGALURU, KARNATAKA-560043

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&PETITIONER

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(BY SRI. BINU M, ADVOCATE)

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AND:

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Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA

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UNION OF INDIA

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REP BY ITS SECRETARY, MINISTRY OF HOME AFFAIRS (FOREIGNERS DIVISION), NORTH BLOCK, NEW DELHI 110001

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FOREIGNERS REGIONAL REGISTRATION OFFICE (FRRO) REP. BY THE REGIONAL OFFICER, NO.55, DOUBLE ROAD, INDIRANAGAR, BANGALORE 560038

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NC: 2025:KHC:36929 WP No. 20215 of 2025

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HC-KAR

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STATE OF KARNATAKA,

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REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HOME AFFAIRS, VIDHANA SOUDHA, BENGALURU - 560001

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&RESPONDENTS

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(BY SRI. H. SHANTHI BHUSHAN, DSG FOR R1 & R2; SRI. SHAMANTH NAIK, HCGP FOR R3)

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THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO RECONSIDER AND EXTEND THE VISA OF THE PETITIONER ON HUMANITARIAN GROUNDS; DIRECT THE RESPONDENTS NOT TO DEPORT OR INITIATE COERCIVE ACTION AGAINST THE PETITIONER PENDING ADJUDICATION OF THE PRESENT PETITION.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD

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NC: 2025:KHC:36929 WP No. 20215 of 2025

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HC-KAR

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ORAL ORDER

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The petitioner, a foreign national has sought for directions to the respondents [ including the Foreigners Regional Registration Office - the second respondent ] to extend his visa on humanitarian grounds. Mr. H. Shanthi Bhushan, the learned Deputy Solicitor General for the first and the second respondents, submits that this Court may not grant any indulgence on humanitarian grounds in view of the order dated 14.06.2025 under Section 3(2)(c) of the Foreigners Act, 1946 and Para 11(2) of the Foreigners Order, 1948.

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When queried, Mr. H. Shanthi Bhushan

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submits that the petitioner has over stayed for 14 years and more and that if the petitioner were to furnish a copy of the ticket to fly back, he would be deported at the earliest. The second respondent's order dated 14.06.2025 reads as under:

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NC: 2025:KHC:36929 WP No. 20215 of 2025

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HC-KAR

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"With reference to the request letter of the Police Sub Inspector, Banaswadi Police Station, Bengaluru City, dated 14.06.2025, I, Foreigners Regional Registration Officer, in pursuance of MHA/Govt. of India's notification No.2983 issued from File No.25022/09/2019 lmm dated 11.09.2019, hereby, impose the following restrictions under clause (c) of Sub Section (2) of Section 3 of the Foreigners Act, 1946 and under Para 11(2) of the Foreigners Order, 1948 on the following foreigner with immediate effect:

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Sl.	Name	Nationali	Passport
No		ty
1.	Abdelgalil	Sudan	P08464315
	Hassan Ahmed _Suliman _

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Produced by Ganesha Barki PC-16345 and Basanigappa Madalmatti PC.17908 (Ph.No.8861291675) Police personnel of Banaswadi Police Station, Bengaluru.

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The above mentioned foreign national will not move out of Hone of Hope, Doddagubbi, Bengaluru under Kothanur Police Station limits, till the foreigner's deportation, as there is every likelihood that he may disappear and indulge in undesirable activities, if not kept under close watch.

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5 - NC: 2025:KHC:36929 WP No. 20215 of 2025

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HC-KAR

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Non-compliance of this order will render him liable for prosecution under Section 14 of the Foreigners Act, 1946. The above mentioned Police personnel of Banaswadi Police Station, Bengaluru City are escorting the foreign national from FRRO Office, Bengaluru to the Home of Hope, Doddagubbi, Bengaluru."

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Indeed, this Court cannot exercise any jurisdiction on humanitarian grounds when the authorities have passed orders under the relevant statutes. Therefore, the petition stands disposed of but subject to all just exceptions.

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Sd/(B M SHYAM PRASAD) JUDGE

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Abdelagaliil Hassan Ahmed Suliman v. Union of India

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Abdelagaliil Hassan Ahmed Suliman v. Union of India

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