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2025 DAILYLAW 50843 (KAR)

NIGHAT YASMEEN v. UNION OF INDIA

WP/15771/2025 · 2025-12-02

Suraj Govindaraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:50536 WP No. 15771 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 15771 OF 2025 (GM-RES) BETWEEN: 1. NIGHAT YASMEEN W/O MOHAMMED YOUNUS AGED ABOUT 40 YEARS RESIDENT OF 143, HKP ROAD BROADWAY ROAD, SHIVAJINAGAR BANGALORE- 560051 &PETITIONER (BY SRI. ALI MOHAMMED., ADVOCATE) AND: 1. UNION OF INDIA THROUGH THE SECRETARY MINISTRY OF EXTERNAL AFFAIRS SOUTH BLOCK, NEW DELHI 110011. 2. THE MINISTRY OF HOME AFFAIRS THROUGH ITS SECRETARY NORTH BLOCK, CENTRAL SECRETARIAT NEW DELHI 110001. 3. THE FOREIGNERS REGIONAL REGISTRATION OFFICE (FRRO) 5TH FLOOR, 'A' BLOCK, TTMC BMTC BUS STAND BUILDING K.H. ROAD, SHANTINAGAR BANGALORE 560027. 4. THE SUPERINTENDENT OF POLICE BROADWAY POLICE STATION BANGALORE-560051. 5. COMMISSIONER OF POLICE BANGALORE CITY POLICE INFANTRY ROAD Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:50536 WP No. 15771 of 2025 BANGALORE 560001. 6. THE DEPUTY COMMISSIONER OF POLICE BENGALURU CITY BENGALURU-560001. 7 CHIEF SECRETARY GOVERNMENT OF KARNATAKA VIDHANA SOUDHA DR B R AMBEDKAR VEEDHI BENGALURU-560 001. 8 THE DEPUTY COMMISSIONER K G ROAD, NEAR DISTRICT REGISTRAR OFFICE AMBEDKAR VEEDHI SAMPANGI RAMA NAGARA BENGALURU, KARNATAKA- 560009. &RESPONDENTS (BY SRI. SHANTHI BHUSHAN H., DSGI FOR R1 TO R3: SMT. SARITHA KULKARNI, AGA FOR R1 TO R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION DIRECT THE RESPONDENT NOS. 1 AND 2 TO CONSIDER AND DECIDE THE PETITIONER S APPLICATION FOR INDIAN CITIZENSHIP EXPEDITIOUSLY AND IN ACCORDANCE WITH LAW AS PER ANNEXURE-J3 WHICH IS APPLICATION FOR REGISTRATION AS A CITIZEN OF INDIA DATED: 08.12.2022 AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The Petitioner is before this Court seeking for the following reliefs: a) Issue a Writ in the nature of Mandamus or any other appropriate writ, order or direction directing the Respondent No.1 and 2 to consider and decide - 3 - HC-KAR NC: 2025:KHC:50536 WP No. 15771 of 2025 the Petitioner's application for Indian Citizenship expeditiously and in accordance with law as per ANNEXURE-J2 which is application for registration as a Citizen of India dated: 08-12-2022. b) Pass an order restraining the Respondents from deporting the Petitioner or taking any coercive action against her pursuant to the purported revocation of visas, as per ANNEXURE-M, which is Press Release dated 24-04-2025. c) Pass such other and further orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case 2. Petitioner is a citizen of Pakistan who entered India on the basis of a valid visa issued by the competent authority on 26.03.2009. The Petitioner got married to an Indian citizen on 27.04.2009, as regards which a marriage certificate came to be issued on 16.05.2009. Thereafter, two children were born to the Petitioner and her husband in the years 2010 and 2012, respectively. The Petitioner thereafter made an application for the grant of citizenship, the said application not having been considered, the Petitioner is before this Court seeking the aforesaid reliefs. 3. The submission of Sri.Ali Mohammad, learned counsel for the Petitioner is that the Petitioner - 4 - HC-KAR NC: 2025:KHC:50536 WP No. 15771 of 2025 though being a citizen of Pakistan and married a citizen of India in the year 2009, and having continuously resided in India, not having travelled outside India, two children having been born in India, who are Indian citizens, the application of the Petitioner for Indian citizenship is required to be considered favourably and visa ought to be granted. 4. In view of the Indo-Pak conflict, there has been an advisory was issued by the Ministry of Home Affairs on 24.04.2025 that all existing visas had been cancelled. The Petitioner apprehends that the Petitioner would be deported without the application for citizenship being considered. 5. Learned AGA, on instructions, submits that the application of the Petitioner could not be processed in inasmuch as there are four applications for citizenship which have been filed by the Petitioner, and the verification report is required to be uploaded - 5 - HC-KAR NC: 2025:KHC:50536 WP No. 15771 of 2025 on only one application; there being four applications, it could not be so done. 6. Learned DSGI submits that an application for citizenship can only be considered by respondents No.1 to 3, and if the State processes the application and forwards the same to respondents No.1 to 3 for consideration, as and when the application is received, the same would be considered in accordance with law. Insofar as the cancellation/revocation of visas, a memo has been filed on 2.12.2025 enclosing certain orders. The same has been taken on record. 7. Heard Sri.Ali Mohammed, learned counsel for the Petitioner, Sri.Shanthi Bhushan, learned DSGI for respondents No.1 to 3, Smt.Saritha Kulkarni, learned AGA for respondents No.4 to 8. Perused papers. 8. In the present matter, the applications which had been filed for Indian citizenship by the Petitioner could not be considered and processed by the - 6 - HC-KAR NC: 2025:KHC:50536 WP No. 15771 of 2025 respondents on account of there being multiple applications, inasmuch as four applications had been filed. If that be so, it would be required for the Petitioner to withdraw the applications. 9. Considering that the earlier applications had been filed as far back in the year 2021, I am of the considered opinion that by withdrawing all the pending applications, the Petitioner could submit only one single fresh application enclosing all the details. If an application for withdrawal of the earlier application were to be submitted to the respondents No.4 to 8, those applications could be dismissed or rejected on account of withdrawal and the fresh application could be considered and processed by respondents No.4 to 8, which thereafter could be processed by respondents No.1 to 3 in accordance with law. 10. In so far as the revocation of visa is concerned, a perusal of the order dated 25.04.2025 issued in - 7 - HC-KAR NC: 2025:KHC:50536 WP No. 15771 of 2025 pursuance of Memorandum dated 24.04.2025 indicates that the Government had decided to suspend the visa services to Pakistan nationals with immediate effect, all existing valid visas, except medical visas, long term visas, diplomatic and official visas issued by the Government of India to Pakistan nationals would stand revoked with immediate effect from 27.04.2025 and the medical visa issued to Pakistan nationals would be valid until 29.04.2025. It is made clear that no new visas will be issued in that regard; however, it was further made clear that said order will not apply to long-term visas (FTVs) and diplomatic and official visas issued to Pakistani nationals. 11. In furtherance of the said order dated 25.04.2025, a further order dated 28.04.2025 had been issued, wherein it was made clear that though an exemption had been given for long term visa holders from revocation of the visas, the Pakistani nationals - 8 - HC-KAR NC: 2025:KHC:50536 WP No. 15771 of 2025 holding a long term visa, who have not obtained Indian citizenship would be required to apply afresh for a long term visa on the e-FRRO portal giving various details and in the event of the said application not being filed by 10.07.2025, the long term visa of any Pakistan nationals who fails to re- apply on the portal would stand cancelled. The Petitioner is said to have applied on e-FRRO portal on 16.05.2025, i.e within the time prescribed in the order dated 25.04.2025. 12. A perusal of page No. 5 of the memo indicates that the Petitioner's application for a long-term visa has been considered and recommended for extension from 7.04.2024 to 6.04.2026. If that be so, only the formality for the issuance of a long-term visa is pending. The said long-term visa issued to the Petitioner is valid till 6.04.2026, and the Petitioner cannot be deported, nor any coercive steps can be - 9 - HC-KAR NC: 2025:KHC:50536 WP No. 15771 of 2025 taken against the Petitioner insofar as expiry of long term visa is concerned. 13. On the basis of the above, I pass the following: ORDER i. The petition is partly allowed. ii. The Petitioner is permitted to file necessary application to withdraw the earlier applications filed by the Petitioner for Indian citizenship and file a single fresh application for Indian citizenship, which application shall be considered by respondents No.4 to 8 and processed within a period of two weeks from the date of such filing. iii. Consequent thereto, respondents No.1 to 3 are directed to consider the said application and pass necessary orders before the expiry of the long- term visa of the Petitioner. Sd/- (SURAJ GOVINDARAJ) JUDGE LN List No.: 1 Sl No.: 35