ABDELAGALIIL HASSAN AHMED SULIMAN v. UNION OF INDIA
WP/20215/2025 · 2025-09-16
B M Shyam Prasad
body2025
DailyLaw.ai
[ 2025 DAILYLAW 50978 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 50978 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:36929 WP No. 20215 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 20215 OF 2025 (GM-RES)
BETWEEN:
ABDELAGALIIL HASSAN AHMED SULIMAN AGED 38 YEARS 230, MEGANAHALLI, KALYAN NAGAR, BENGALURU, KARNATAKA-560043
&PETITIONER (BY SRI. BINU M, ADVOCATE) AND:
1.
UNION OF INDIA REP BY ITS SECRETARY, MINISTRY OF HOME AFFAIRS (FOREIGNERS DIVISION), NORTH BLOCK, NEW DELHI 110001
2.
FOREIGNERS REGIONAL REGISTRATION OFFICE (FRRO) REP. BY THE REGIONAL OFFICER, NO.55, DOUBLE ROAD, INDIRANAGAR, BANGALORE 560038
Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:36929 WP No. 20215 of 2025
3.
STATE OF KARNATAKA, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HOME AFFAIRS, VIDHANA SOUDHA, BENGALURU - 560001
&RESPONDENTS
(BY SRI. H. SHANTHI BHUSHAN, DSG FOR R1 & R2;
SRI. SHAMANTH NAIK, HCGP FOR R3)
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.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD
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HC-KAR NC: 2025:KHC:36929 WP No. 20215 of 2025
ORAL ORDER
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.
When queried, Mr. H. Shanthi Bhushan 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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HC-KAR NC: 2025:KHC:36929 WP No. 20215 of 2025
"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:
Sl. No Name Nationali ty Passport
1. Abdelgalil Hassan Ahmed Suliman Sudan P08464315
Produced by Ganesha Barki PC-16345 and Basanigappa Madalmatti PC.17908 (Ph.No.8861291675) Police personnel of Banaswadi Police Station, Bengaluru.
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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HC-KAR NC: 2025:KHC:36929 WP No. 20215 of 2025
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."
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.
Sd/- (B M SHYAM PRASAD) JUDGE
RB