The Court directs the Government to consider the Long-Term Visa applications of individuals with disputed nationality, ensuring compliance with statutory guidelines.
In a significant judgment, the Telangana High Court, presided over by Justice Nagesh Bheemapaka, addressed the complex issue of nationality and long-term residency in the case of Syed Ali Hussain Razvi v. Government of Telangana. The petitioner, Syed Ali Hussain Razvi, claimed Indian citizenship by birth, a claim contested by official records indicating his status as a Pakistani national. Despite residing in Hyderabad for over 31 years, Razvi faced repeated visits from the Inspector of Police, Pakistan Branch, compelling him to apply for a Long-Term Visa (LTV).
The petitioner argued that he was born in Hyderabad and had been residing there continuously, married to an Indian citizen, and raising a family. However, official records, including a Pakistani passport, suggested otherwise. The Court found that documents like Aadhaar Card, Voter ID Card, PAN Card, and Driving Licence are not conclusive statutory proof of citizenship under the Citizenship Act, 1955.
The petitioner’s mother, an Indian-born woman, had a complex history of residency and nationality, having lived in Pakistan and returned to India under distressing personal circumstances. Despite her Indian origins, she was treated as a Pakistani national and had been engaged in legal proceedings to resolve her status, currently pending before the court.
The Court noted that compliance with the Foreigners Act, 1946, and related orders is mandatory, especially for individuals with discrepancies in their nationality documentation. The petitioner and his mother were required to reapply for LTVs as per recent government orders. The visits by officials were part of a statutory verification process to ensure compliance with visa regulations and did not constitute harassment or coercion without due process.
Justice Bheemapaka ruled that the petitioner had not made a sufficient case to restrain the authorities from performing their statutory duties. However, acknowledging the applications for LTVs submitted by the petitioner and his mother, the Court directed the authorities to consider these applications and issue appropriate orders in accordance with the guidelines.
This judgment underscores the complexities involved in nationality and residency disputes, particularly for individuals with ties across borders. It highlights the importance of adhering to statutory frameworks while ensuring that individuals are treated fairly and justly.
Bottom Line:
Application for Long Term Visa (LTV) by individuals claiming Indian citizenship - Authorities directed to consider applications in accordance with guidelines, particularly where identity and nationality discrepancies exist.
Statutory provision(s): Citizenship Act, 1955, Foreigners Act, 1946, Foreigners Order, 1946, Visa Manual, 2019.
Syed Ali Hussain Razvi v. Government of Telangana, (Telangana) : Law Finder Doc id # 2834501
