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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Koppal: Lokayukta Police raid office, house, other property owned by KIMS officer B Kallesha
Koppal: Lokayukta Police conducted a raid on the residence, schools and colleges owned by the family members and the office of B Kallesha, administrative officer at Koppal Institute of Medical Sciences (KIMS) on Friday morning.
According to sources, multiple teams of Lokayukta officials raided the office, educational institutes and house of Kallesha following complaints of disproportionate assets against him.
The teams reportedly raided the Navachethana School and College on Yathnatti Road in Bhagyanagar as well as Kallesha's office on the premises of KIMS and checked documents related to property and finance.
Kallesha had allegedly been linked to the Valmiki Corporation scam and was suspended in the backdrop of the allegation.
