In the Delhi High Court on Tuesday, the Home Ministry (MHA) said in the Delhi High Court that there is a right to the foreign nationals to issue a show-cause notice to the foreign nationals, even if the person has a valid visa. The Home Ministry gave this argument before the bench of Chief Justice Rajendra Menon and Justice AJ Bhaaghani.
The Ministry said this in response to the petition of a Pakistani woman’s husband. The government had asked him to leave the country in view of adverse security reports against the woman. According to the woman’s husband, she has a long-term visa, valid until 2020.
IN HIS AFFIDAVIT FILED THROUGH ADVOCATE ANURAG AHLUWALIA, THE CENTRAL GOVERNMENT COUNSEL, THE MINISTRY SAID THAT ONCE HE DECIDES TO GIVE THE NOTICE TO LEAVE A FOREIGNER TO INDIA, HE DOES NOT HAVE THE RIGHT TO LIVE DESPITE A VALID VISA.
The Ministry said that the notice to leave India will automatically cancel the further validity of the visa duration. There is no legal obligation on behalf of the central government to issue a show-cause notice to the foreign citizen.
The woman’s husband had challenged the February 7 directive of the government to leave the country within 15 days before a single judge. The single judge dismissed the petition and gave the woman two weeks to leave the country.
The court had also said that under the law, he has no right to stay here. The woman’s husband appealed against the order of a single judge, and on March 12.
Since then, the interim order has been extended from time to time and the next date for the hearing of the matter has been fixed on May 13. 37-year-old woman came to India after marrying a man in 2005. She is living in Delhi with her husband and two sons (11 and 5 years).
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