Delhi High Court - Orders
Mohd Mohsin vs Union Of India (Ministry Of Home ... on 5 January, 2023
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
$~28
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 16692/2022 and CM APPL. 52627/2022, 55928/2022
MOHD MOHSIN ..... Petitioner
Through: Mr. Nitesh Jain and Mr. Vatsal
Chandra, Advocates (M:
9717955168).
versus
UNION OF INDIA (MINISTRY OF HOME AFFAIRS)
& ANR. ..... Respondents
Through: Mr. Anurag Ahluwalia, CGSC for R-
1 to 4 (M: 9811418995).
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 05.01.2023
1. This hearing has been done through hybrid mode.
2. The present writ petition has been filed by the Petitioner- Mohd. Mohsin seeking issuance of a direction to the Respondents to issue a medical visa to his wife, Ms. Umida Mamadalieva, a citizen of Uzbekistan. It is the case of the Petitioner that his wife is suffering from chronic obstructive pulmonary disease (COPD), Bronchitis type and requires urgent medical treatment for the said disease from B.L. Kapur Super Specialty Hospital, Delhi, India and that the medical facilities in Uzbekistan are not as good as in India.
3. Vide order dated 22nd December, 2022, the Respondents were directed to seek instructions and verify as to when Ms. Umida's visa had expired as also determine what was her period of over-stay in India. On the said date, the ld. Counsel for the Petitioner even made a submission that the Signature Not Verified Digitally Signed By:DEVANSHU JOSHI W.P.(C) 16692/2022 Page 1 of 4 Signing Date:09.01.2023 11:54:05 blacklisting period of the wife of the Petitioner maybe extended for a period of one month and in the meantime, she may be permitted to travel to India for one month to avail medical treatment. It was also claimed that although, Ms. Umida is receiving treatment in Uzbekistan but her medical condition is quite bad and needs urgent medical treatment.
4. On the last date of hearing, Dr. Sandeep Nayar from B.L. Kapur Super Specialty Hospital, Delhi had joined the proceedings of the court virtually. He submitted that Ms. Umida was suffering from Covid-19 during her last visit to India in September, 2021 and she was admitted to the B.L. Kapur Super Specialty Hospital, Delhi. However, he submitted that he is not aware of the current medical condition of Ms. Umida, the wife of the Petitioner.
5. A short affidavit has been placed on record by the Respondent No. 2 - Foreigners Regional Registration Office (FRRO) explaining the reason for the blacklisting of Ms. Umida Mamadalieva, the wife of the Petitioner. The stand of the Respondent is that the Petitioner has violated her visa conditions repeatedly and had finally exited India only on 8th April, 2022. The repeated violation of visa conditions has led to her black listing till 7th April, 2023. After the black listing period ends, she can apply for an Indian visa and can visit India.
6. The relevant extracts of the affidavit filed be the FRRO reads as:-
"6. In this regard, it is stated that, in respect of the alleged wife of the petitioner Mohd. Mohsin, foreign national (Uzbekistan) namely Ms. Umida Mamadalieva, the record of the office has been checked and found that she had initially arrived in India on 19.03.2021 on the strength of passport no. FA1295128 valid from 05.08.2020 upto 04.08.2030 Signature Not Verified Digitally Signed By:DEVANSHU JOSHI W.P.(C) 16692/2022 Page 2 of 4 Signing Date:09.01.2023 11:54:05 and multiple entry Medical Attendant visa valid from 17.03.2021 upto 16.09.2021. The purpose of the visa was to accompany another medical patients Umida Mamadalieva had departed back on 03.08.2021 and then again arrived in India on the strength of same passport and visa on 31 08.2021. After expiry of her visa on 16.09.2021 she had overstayed in India without any justified reason as an illegal migrant, as the patient whom she was accompanying as a medical attendant had also departed back on 28.09.2021. After overstaying for three months, she had applied for an exit permit vide no. DL0204047923 on dated 27.12.2021 with this office. However the address mentioned in the application form was vague and incomplete and without any contact number so the address could not verified and the application was closed on 04.01.2022. The applicant was informed via email dated 04.01.2022 about the closure of the said application. Thereafter she again applied for exit permit vide no. DL0200472022 on dated 11.02.2022 with this office. After due verification she was granted an exit permit on 29.03.2022 and she departed from India on 08.04.2022.
7. However due to her alleged overstay without any justified reason, she was blacklisted under appropriate category as well. Her blacklisting retention date is 07.04.2023. Thereafter she can apply for an appropriate Indian visa and can visit India.
7. A perusal of the above extracts of the affidavit on behalf of the Respondents shows that Ms. Umida had initially entered India on a medical attendant visa and the conditions of the said visa are stated to have been violated. Thereafter, there has been considerably overstaying as per the said affidavit. The blacklisting can thus not be faulted with and in any case the period is coming to an end in April 2023.
Signature Not Verified Digitally Signed By:DEVANSHU JOSHI W.P.(C) 16692/2022 Page 3 of 4 Signing Date:09.01.2023 11:54:058. In this background, the petition is disposed of with the observation that the Petitioner may apply for an appropriate Indian visa immediately upon the expiry of the black listing period. The same shall be processed within two weeks and decision shall be communicated to the Petitioner in accordance with law. Nothing said in the present order shall be construed against Ms. Umida in the consideration of a fresh visa.
9. All pending applications are also disposed of.
PRATHIBA M. SINGH, J.
JANUARY 5, 2023 MR/AD Signature Not Verified Digitally Signed By:DEVANSHU JOSHI W.P.(C) 16692/2022 Page 4 of 4 Signing Date:09.01.2023 11:54:05