High Court of Karnataka Allows Writ Petition Seeking Direction to Consider Visa Application of Iraqi National — Medical Visa Application Must Be Decided Within Two Weeks. Court Directs Respondents to Consider Application Dated 22.02.2024 Expeditiously Under Articles 226 and 227 of the Constitution of India.

High Court: Karnataka High Court Bench: BENGALURU In Favour of Accused
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Case Note & Summary

The petitioner, Sri Sagad Kareem Ismael, a citizen of Baghdad, Iraq, filed a writ petition under Articles 226 and 227 of the Constitution of India seeking a direction to the respondents to consider his visa application dated 22.02.2024 expeditiously. The petitioner had previously come to India on a medical visa by submitting necessary documents to the Embassy of India in Baghdad. The background to the submission of the application was that his medical investigations in Basra Health indicated need for further treatment. The respondents, including Union of India, Ministry of Home Affairs, Ministry of External Affairs, Foreigners Regional Registration Office, and the Embassy of India in Baghdad, were represented by the Deputy Solicitor General of India. The court, after hearing the petitioner's counsel and the DSGI, observed that the visa application should be considered within a reasonable time. The court directed the respondents to consider the petitioner's visa application dated 22.02.2024 and pass appropriate orders within two weeks from the date of receipt of the order. The writ petition was disposed of accordingly.

Headnote

A) Constitutional Law - Writ Jurisdiction - Articles 226 and 227 of the Constitution of India - Direction to Consider Visa Application - Petitioner, an Iraqi national, sought direction to respondents to consider his medical visa application dated 22.02.2024 - Court held that the application must be considered within a reasonable time and directed respondents to decide within two weeks from receipt of order (Paras 1-4).

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Issue of Consideration

Whether the respondents should be directed to consider the visa application of the petitioner expeditiously.

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Final Decision

The writ petition is disposed of directing the respondents to consider the petitioner's visa application dated 22.02.2024 and pass appropriate orders within two weeks from the date of receipt of the order.

Law Points

  • Writ jurisdiction under Articles 226 and 227 of the Constitution of India
  • Visa application consideration
  • Reasonable time for administrative decision
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Case Details

2024 LawText (KAR) (04) 15

WP No. 11952 of 2024 (GM-PASS)

2024-04-24

M. Nagaprasanna

Sri Appu Kumar (for petitioner), Sri H. Shanthi Bhushan, DSGI (for respondents)

Sri Sagad Kareem Ismael

Union of India, Ministry of Home Affairs, Ministry of External Affairs, Foreigners Regional Registration Office, The Embassy of India in Baghdad

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Nature of Litigation

Writ petition under Articles 226 and 227 of the Constitution of India seeking direction to consider visa application.

Remedy Sought

Direction to respondents to consider the petitioner's visa application dated 22.02.2024 expeditiously.

Filing Reason

The petitioner's visa application was not being considered by the respondents.

Issues

Whether the respondents should be directed to consider the visa application of the petitioner expeditiously.

Submissions/Arguments

Petitioner's counsel argued that the visa application dated 22.02.2024 was pending and needed expeditious consideration. Respondents' DSGI submitted that the application would be considered.

Ratio Decidendi

The court held that the visa application must be considered within a reasonable time and directed the respondents to decide within two weeks.

Judgment Excerpts

The petitioner is a citizen of Baghadad, Iraq. The writ petition is disposed of directing the respondents to consider the petitioner's visa application dated 22.02.2024 and pass appropriate orders within two weeks from the date of receipt of the order.

Procedural History

The writ petition was filed on an unspecified date and came up for preliminary hearing on 24.04.2024, when the court made the order.

Acts & Sections

  • Constitution of India: Articles 226, 227
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