Foreigners Act Gives Centre Unfettered Power To Expel: Delhi High Court Rejects Plea Of Pakistani National Against Revocation Of Visa

The Delhi High Court has dismissed the Petition of a Pakistani National against revocation of her Visa in the wake of the recent decision of the Central Government in the aftermath of the Pahalgam Terror Attack.

The Court was considering a Writ Petition filed by a Pakistani National seeking to circumvent the consequences flowing from the order of the Ministry of Home Affairs under Section 3 (1) of the Foreigners Act, 1946.

The Bench of Justice Sachin Datta observed, "Prima facie, the aforesaid order issued under Section 3(1) of the Foreigners Act, 1946 does not warrant any judicial review given that the issuance of the same was impelled by serious national security, considerations. It is also not within the province of this Court to carve out any exception(s) thereto."

The Petitioner was represented by Senior Advocate Sanjeev Sagar, while the Respondent was represented by Central Government Standing Counsel Nidhi Raman.

As per the Government Order, Visas to Pakistani nationals are suspended with immediate effect. All existing valid Visas, except Medical visas, Long Term Visas, Diplomatic and Official visas, issued by the Government of India to Pakistani nationals, stand revoked.

The Court referred to the Supreme Court's decision in Hans Muller of Nurenburg v. Superintendent, Presidency Jail, Calcutta, which affirms thatthe Foreigners Act confers unfettered power on the Central Government to take a call on expulsion of foreign nationals.

Cause Title: Sheena Naz & Anr. vs. Union of India & Ors.

Appearances:

Petitioner- Senior Advocate Sanjeev Sagar, Advocate Zahid Hanief, Advocate Shazia Kidwai, Advocate Nazia Parveen

Respondent- Central Government Standing Counsel Nidhi Raman, Advocate Arnav Mittal

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