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Business Visa is not meant for collecting Funds
Randa Chehab v. Union of India & Others
WP © 1250/2023
Before Delhi High Court
The Writ was dismissed on 18.12.2023 by Hon’ble Mr. Justice Subramonium Prasad J as petitioner failed to establish violation of her right.
The petitioner a US citizen has challenged her deportation (before Delhi High Court) by the Bureau of Immigration from Trivandrum, Kerala Airport on 28.11.2022 as being arbitrary, unreasonable, illegal and unconstitutional.
Notice was issued to the Union of India on 01.02.2023.
Status Report was filed by the Counsel of Union of India.
The Status Report discloses that the Petitioner was issued the following visas by the Consulate General of India, San Francisco, i.e., T-1 Visa No. VK 0275900 valid from 31.03.2017 to 30.03.2027; and B-1 Visa No. VK 3934693 valid from 20.06.2019 to 19.06.2024.
The Petitioner again applied for a tourist visa on 15.12.2022 which was rejected as her name was found in the adverse/banned list entry of the Ministry of Home Affairs.
The Status Report revealed that the name of the Petitioner has been blacklisted at the behest of Foreigners Regional Registration Office (FRRO), Trivandrum as she was involved in public fund collection while visiting on a business visa which is not permitted.
It is stated that as of today there is an adverse entry report against the Petitioner.
General policy guideline to Indian Visa
When a person is granted a business visa, the purpose is to attend business meetings and technical meetings and funds cannot be collected for the said purpose.
Submission of the Counsel of the petitioner
The Petitioner has been involved in charitable activities and is collecting public funds for the purpose of a charity, and this cannot be said to be unlawful.
The Petitioner has rendered yeomen's services when cyclone Amphan in 2020 struck in eastern India and she has since been closely associated with various charitable activities.
In this backdrop, it is not wrong to collect funds.
Petitioner holds a valid tourist visa and as a tourist visa holder, she can be permitted to come to India.
Petitioner has come to India numerous times and the reason for blacklisting is completely arbitrary.
Submission of the Counsel of the State
Section 3 of the Foreigners Act gives the power to the Central Government to make provisions either generally or for all foreigners prohibiting, regulating or restricting the entry of foreigners into India or their departure from India.
Issue
Whether the violation of the conditions of the business visa can be a sufficient reason for deportation and blacklisting of the Petitioner?
Law
Collecting money ostensibly for charitable activity is not permitted when a foreigner comes to India on a business visa.
Since the Petitioner has admittedly acted contrary to what is permitted, the decision taken by the authorities to blacklist the Petitioner cannot be said to arbitrary and as such requiring any interference under Article 226 of the Constitution of India.
Observation of the Court
It is well settled that a Writ Court can exercise its jurisdiction under Article 226 of the Constitution of India only where there is a violation of a right.
In the absence of any right, a writ cannot be issued.
Since the Petitioner has not been able to establish violation of any rights granted to the Petitioner, this Court is not inclined to exercise its jurisdiction under Article 226 of the Constitution of India to interfere with the decision taken by the authorities.
Order
Writ Petition is dismissed.
Seema Bhatnagar
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