Court Directs Removal of Blacklisting on Humanitarian Grounds for Son of Septuagenarian in Critical Condition
In a significant ruling, the Madras High Court has directed the removal of blacklisting against Mr. Niraikumar Meiyappan, a Sri Lankan national, and granted him an emergency visa to enter India to care for his bedridden mother, Agambal Meiyappan. The court's decision comes as a relief for the petitioner, a 72-year-old senior citizen suffering from severe ailments, including Rheumatoid Arthritis, and who is in critical medical condition.
The case, presided over by Justice M. Dhandapani, revolved around the petitioner’s plea for her son’s entry into India, which had been denied due to his blacklisting for overstaying in India during his minority years. The petitioner argued that the blacklisting was disproportionate, given that her son had voluntarily surrendered his passport and paid the penal charges without any adverse criminal record.
The court acknowledged the humanitarian grounds presented, emphasizing the need for immediate care and assistance for the petitioner from her son. It was noted that Mr. Meiyappan’s overstay in India commenced when he was a minor, and the passport was obtained based on a declaration by his father, unbeknownst to him.
Justice Dhandapani observed that there was no adverse material or criminal proceedings against Mr. Meiyappan warranting a permanent denial of entry. The court directed the petitioner’s son to apply for an emergency visa at the Indian High Commission in Colombo, Sri Lanka. The High Commission, in coordination with the respondents, was instructed to consider the application on humanitarian grounds within two weeks, imposing necessary conditions for the removal of blacklisting.
The judgment underscores the court's consideration of humanitarian issues, especially for senior citizens in dire need of family support. The order was marked to the Indian High Commission to expedite the process, ensuring the petitioner receives the necessary assistance from her son without further delay.
Bottom line:-
Blacklisting of a foreign national for overstay in India during minority - Removal of blacklisting and grant of emergency visa on humanitarian grounds for immediate care and assistance of bedridden mother in critical medical condition.
Statutory provision(s): Foreigners Act, 1946
