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NAVDEEP KAUR vs UNION OF INDIA AND ORS.

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* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Order: 04.12.2023
+ W.P.(C) 13583/2019
NAVDEEP KAUR ….. Petitioner
Through: Dr Shashwat Bajpai and Mr Mahir Khanna, Advocates
versus
UNION OF INDIA AND ORS. ….. Respondents
Through: Mr Aashish Jain, CGSC
CORAM:
HON’BLE MS. JUSTICE TARA VITASTA GANJU
[Physical Hearing/Hybrid Hearing]
TARA VITASTA GANJU, J.: (ORAL)
1. The grievance of the Petitioner, as articulated in the present Petition is that a blacklist LOC was opened against the Petitioner by the Respondents and as a result thereof his Application for a Visa for entering into India has been rejected on different occasions by the Respondents.
1.1 Notice was issued in this matter on 23.12.2019.
2. A Counter-Affidavit was filed by the Respondent No.1 dated 22.07.2020 wherein it was contended that a third party imposter had entered the country on the passport of the Petitioner. Hence, the visa application of the Petitioner has been refused.
3. It is the case of the Petitioner that the passport was stolen/misplaced and subsequently, someone had travelled to India on the stolen/misplaced passport, of the Petitioner.
3.1 It is further contended by the Petitioner that the travel documents
W.P.(C) 13583/2019 page 1 of 4
from the third party (imposter) seized on his entry into India and other related documents have not been filed or provided to the Petitioner despite repeated requests.
4. This Court in its Order dated 30.10.2023 had directed as follows:
“2. Learned Counsel for the Petitioner on instructions submits that in the event that the concerned Department of the Respondents will be willing to give a hearing with respect to prayers (a) and (c) in the Writ Petition then the Petitioner will restrict this Writ Petition accordingly.
2.1 Prayers (a) and (c) of the writ petition read as follows:
“(a) Issue a Writ in the nature of Mandamus or any other appropriate Writ, order or direction for registering the Petitioner as an Overseas Citizen of India under Section 7A of the Citizenship Act, 1955 and/or grant of tourist visa to enable the Petitioner to travel to India;
(c) Direct the Respondents to supply the information/material on the basis of which the Red Comer Notice has been issued against the Petitioner;”
3. Learned Counsel for the Respondents submits that he will obtain instructions with regard to the submissions made by the learned Counsel for the Petitioner qua the request of the Petitioner as requested, in the peculiar circumstances of the present case.”

5. Mr Aashish Jain, learned CGSC appearing on behalf of the Respondents has returned with instructions. Learned Counsel submits that a Review Committee has been constituted by the Ministry of Home Affairs and that the Petitioner can approach the Review Committee by filing a representation with respect to his grievance.
5.1 The details of the Review Committee are as follows:
Joint Secretary (Foreigners), Ministry of Home Affairs, Dhyan Chand Stadium, New Delhi
W.P.(C) 13583/2019 page 2 of 4

Email id: jsf2-mha@mha.gov.in
6. Learned Counsel for the Petitioner requests that the proceedings may be decided expeditiously given that more than four years have already lapsed during the pendency of this Petition.
7. Learned Counsel for the Petitioner submits that the Petitioner shall file a Representation before the Review Committee at the earliest and no later than 10.12.2023.
7.1 The Respondent shall provide copies of all documents relied upon by them in accordance with law, within two weeks.
8. In the aforegoing circumstances, the following directions are passed:
8.1 The Review Committee shall decide the Representation of Petitioner by a speaking order.
8.2 For this purpose, the Petitioner and/or his authorised representative will be given an opportunity to be present for a hearing before the Review Committee on 15.12.2023 at 3 PM.
8.3 The Petitioner is permitted to produce any additional facts or documents in support of their contentions, at the time of the hearing before the concerned Authority.
8.4 In the event, if it is deemed necessary, that there is a need for more than one hearing, the Petitioner and Review Committee may mutually schedule such additional hearings amongst themselves as well.
8.5 The Review Committee shall pass a Speaking Order as expeditiously as possible and no later than four months from 15.12.2023.
8.6 The speaking order shall be communicated to the Petitioner under acknowledged postal service and e-mail.
W.P.(C) 13583/2019 page 3 of 4
9. It is made clear that this Court has not expressed any opinion on the merits of the case. All rights and contentions of the parties are left open in this regard.
10. The Writ Petition and the Application(s) are, accordingly, disposed off with the aforesaid directions.
11. Needless to add, that in the event the Petitioner is aggrieved with the order passed by the Review Committee, he may take appropriate steps in accordance with the law.
12. Parties will act based on the digitally signed copy of the order.

TARA VITASTA GANJU, J
DECEMBER 4, 2023
g.joshi
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W.P.(C) 13583/2019 page 4 of 4