Telangana High Court Upholds Government Visa Guidelines, Denies Relief to Hyderabad Resident
The Telangana High Court has delivered a significant ruling in a case involving visa compliance for Pakistani nationals residing in India, declining to provide relief to a 33-year-old Hyderabad resident who was born in Karachi. The court has directed the Home Department and Hyderabad police to process the petitioner's application for a Long Term Visa (LTV) in accordance with the government's updated guidelines issued on April 28, 2025.
Court's Rationale on Compliance and Coercion
In its judgment, the court emphasized that the actions taken by authorities to ensure adherence to visa regulations cannot be equated with coercive or punitive measures. Justice Nagesh Bheemapaka stated that such verification visits are part of a statutory process and do not constitute harassment when conducted through proper legal channels. The court disposed of the petition, finding that the petitioner had failed to establish a valid case for relief.
Petitioner's Claims and Government's Counterarguments
The petitioner, Syed Ali Hussain Razvi, asserted that he was born and raised in Hyderabad, has lived there his entire life, and is married to an Indian citizen. He claimed Indian citizenship by birth and challenged the actions of the Special Branch of Hyderabad police, which compelled him to apply for an LTV, as harassment.
However, the Government Pleader for the Home Department presented conflicting evidence, indicating that Razvi's name was recorded in his mother's Pakistani passport as Imran Abid alias Imran Hussain. The government submitted that Razvi and his mother arrived in India in February 1994, three years after his birth in Karachi.
Citizenship Proof and Statutory Framework
The court noted that Razvi's claim of Indian citizenship by birth remains disputed due to the lack of conclusive statutory proof. Justice Bheemapaka highlighted that the petitioner has not produced any definitive documentation under the Citizenship Act, 1955, such as:
- A certificate of registration
- A naturalization certificate
- A valid Indian passport
The court observed that documents like an Aadhaar card, Voter ID card, PAN card, driving license, and educational certificates cannot independently establish citizenship. The statutory framework governing foreigners requires nationality determination based on passport details, visa status, and orders from competent authorities under the Foreigners Act, 1946.
Government Guidelines and Ongoing Verification
The government order of April 28, 2025, mandates that all Pakistani nationals holding Long Term Visas who have not obtained Indian citizenship must apply afresh for these visas. The court rejected the plea of violation of natural justice principles, stating that the respondents' actions are part of an ongoing statutory verification and compliance process initiated following this order.
The judge also noted that the petitioner's mother's status is currently under adjudication in a separate writ petition. Given that the petitioner's status is derivative and disputed, the court ruled that he cannot seek a blanket declaration to restrain statutory authorities from performing their duties under the Foreigners Act, 1946, the Foreigners Order, 1946, and the Visa Manual, 2019.
Identity Discrepancies and Statutory Mandates
The court identified discrepancies in the petitioner's identity particulars and concluded that granting the relief sought would effectively prevent the respondents from enforcing statutory mandates. This ruling underscores the judiciary's support for administrative measures aimed at maintaining compliance with immigration laws, particularly in cases involving disputed citizenship claims.
