Karnataka High Court says foreign nationals cannot claim right to visa or renewal
Bengaluru: The Karnataka High Court has held that foreign nationals do not have a right to insist on the grant or renewal of visas, reaffirming that such matters fall within the sovereign discretion of the Union government.
A division bench comprising Chief Justice Vibhu Bakhru and Justice C M Poonacha made the observation while dismissing a writ appeal filed by Nigerian nationals Obinna Jeremiah Okafor and John Adekwagh Vandefan, who had challenged an earlier single-bench order rejecting their petition.
Deccan Herald reported that the two appellants, along with Cyril Udoka Odigbo, had sought release from detention and challenged movement restriction orders issued against them on December 23, 2024, following which they were housed at Aasare Foundation Trust in Laggere, Bengaluru. While Odigbo did not appeal the single-bench ruling, Okafor and Vandefan pursued the matter before the division bench.
The petitioners claimed they were bona fide students, with one pursuing a Bachelor of Commerce course in Bengaluru and the other enrolled in an MSc Computer Science programme in Coimbatore, asserting that he had come to Bengaluru while seeking admission to a new institution. They argued that the actions of the authorities violated their fundamental rights under Articles 14 and 21 of the Constitution and that movement restrictions were imposed without affording them an opportunity to be heard.
Authorities, however, submitted that Okafor was found in possession of a fake Tanzanian passport issued in another name with an Indian visa that had been granted to a Sri Lankan national. While no narcotics were recovered, data extracted from their mobile phones allegedly indicated information related to the sale of narcotics.
The court observed that the Union government has the power to expel any foreigner from India and that such orders must be complied with. It noted that constitutional rights relating to free movement and residence apply only to Indian citizens and not to foreigners.
The bench further said that even if procedural fairness was questioned in the cancellation of visas, the visas would have expired in the normal course of time. It underlined that a foreign national cannot demand a visa or its extension, adding that the grant or refusal of visas is an unfettered sovereign right and does not require the state to provide reasons for denial.
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Two held for trying to 'bribe' Odisha Cong MLAs ahead of RS polls: Party sources
Bengaluru (PTI): Two people were arrested for allegedly attempting to bribe Odisha Congress MLAs, who are staying in a resort near here, party sources claimed on Sunday.
Eight MLAs, along with some other Odisha Congress unit office bearers are camping in a resort.
They have been flown to Bengaluru with apprehensions of horse trading during the Rajya Sabha elections in favour of ruling BJP's Rajya Sabha candidate.
According to the Congress sources, two persons were apprehended at a private resort for attempting to buy over Orissa Congress MLAs.
"Two people have been arrested. One of the accused has been named as Suresh. Hunt is on for the third accused, who is a defeated Lok Sabha candidate," a source told PTI.
Blank cheques were also found in their possession, they claimed. They shared the photograph and blank cheques as well.
"They tried to negotiate with the Congress MLAs by offering a blank cheque. Both have been caught and handed over to the Bidadi police," the source said.
Police sources said that they have been arrested.
According to Congress sources, the Rajya Sabha elections in Odisha will take place on Monday. The BJP has fielded one more candidate, which raised apprehensions of horse-trading.
Congress and the Biju Janata Dal have fielded a candidate.
