CRM No. M 18911 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -- CRM No. M 18911 of 2010 Date of decision: 27.07.2010 Kuldeep Singh ........ Petitioner Versus State of Punjab .......Respondent(s) Coram: Hon'ble Ms Justice Nirmaljit Kaur -.- Present: Mr. Sandeep S Majithia, Advocate for the petitioner Mr. K S Pannu, DAG, Punjab for the respondent State Mr. S P S Sidhu, Advocate for the complainant -.- 1. Whether Reporters of local papers may be allowed to see the judgement? 2. To be referred to the Reporter or not? 3. Whether the judgement should be reported in the Digest? Nirmaljit Kaur, J. (Oral) This is a petition under Section 482 of the Code of Criminal Procedure for permitting the petitioner to go abroad (Holland) as he is resident of Holland and has been issued Visa for India which would expire on 06.07.2010 so as to enable him to get his Visa extended. Notice of motion was issued. Upon notice, learned counsel for the complainant has placed on record a photo copy of the Visa Manual. The relevant Clauses of the Visa Manual are reproduced below:- CRM No. M 18911 of 2010 2 Foreigners of Indian origin 156 As a general principle, the instructions governing the issue of a visa to a foreigner are equally applicable to a foreigner of Indian origin. The Missions may grant appropriate visa to such a person under the relevant provisions of the Visa Manual. 157 Five year multi-entry Visa to a foreigner of Indian origin i. All Indian Missions/Posts abroad can grant an Entry Visa ('X') for a period of five years at a time, with multiple entry facility, subject to usual checks, to a foreigner to Indian Origin, who wishes to come to India for visiting relatives, holiday, etc., without prior reference to the Ministry of Home Affairs. ii. This Visa may also be granted to the spouse and children of a foreigner of Indian Origin. iii. The Missions/Posts may grant an Entry ('X') visa in such cases to a foreigner: (a) who has close relations and ties in India; (b) who has been maintaining contacts with India; (c) who has the intention of making India a permanent home on return (if applying on this ground); (d) who has not served in any defence or security agency of any foreign Government; (e) who holds a valid passport; (f) who is not a persona-non-grata to the Government of India; (g) who is not considered an undesirable person CRM No. M 18911 of 2010 3 and is not the subject of a black list or any warning circular or other restrictive list; Note : i. This facility shall not be extended to foreigners of Indian origin, or the spouse or children or such foreigners, if they are, or have been, nationals of Afghanistan, Bangladesh, China, Pakistan or Sri Lanka but have now acquired another nationality. IN all such cases, prior approval of the Ministry of Home Affairs will be required. ii. In respect of a foreigners of Indian origin, the Missions/Posts may grant a visa even if it goes beyond the validity of the foreigner's passport and while doing so make the following endorsement t on the passport- Provided the passport remains valid. If the passport on which the five years visa is endorsed lapses, the benefit of the five years will be available if the old passport is carried along with the new passport, or or a suitable endorsement to this effect is made by an Indian Mission/State Government/FRRO, as the case may be, on the new passport and Residential Permit. iii) A visa will generally be granted to eligible foreigners of Indian origin, on request, subject to usual checks. In order to ensure that only genuine foreigners of India origin are granted a visa to come to India and fundamentalist and subversive elements/drug traffickers, smugglers and other undesirable elements do not take advantage of the liberalised visa regime, all Missions/Posts are required to exercise utmost caution while granting such a visa to a foreigner. It may be noted that the CRM No. M 18911 of 2010 4 Missions/posts may deny this facility to any foreigner if the Missions/Posts has sufficient reason that the foreigner will misuse the same. 158 Visa Fee i) The multiply entry visa fee prescribed for a citizen of the country concerned will be levied for a 5 year long term visa where a foreigner of Indian origin, belonging to that country, intends to stay in India for a period not exceeding 6 months. ii) where the foreigner intends to stay in India for a period exceeding 6 months, the long term visa fee prescribed for a citizen of the country of which the foreigner is a citizen will be levied. iii) In case no long term visa fee has been prescribed, the multi entry visa fee will be charged. 159. Powers delegated to State Governments/Union Territory administration/FRROs A foreigner of Indian origin his/her spouse and children staying in India on a long term vis, who are eligible for a 5 year multi entry visa may, on an application be granted extension of stay for stay upto five years from the date of initial entry under intimation to the Ministry of Home Affairs provided that such person have not come to any adverse notice, and are not citizens of Bangladesh, Pakistan, Sri Lanka, Afghanistan or China. The extension of stay may be granted by the State Government/Union Territory Administration/FRRO concerned subject to the following conditions:- i. The initial validity of the Residential Permit shall not exceed one year which may be CRM No. M 18911 of 2010 5 extended on year to year basis upto five years from the date of issue of XV. After completion of 5 years from date of issue of visa, if further extension is required, the proposal may be referred to MHA for clearance. MHA would grant extension for one year after the expiry of the initial period of five years. Subsequent extensions, if any, up to a total period of another 5 years may be granted by the State Governments/UTs/FRROs concerned. ii. Extension will be granted subject to nothing adverse and no local objection; iii. The foreigner shall not engage in business or employment or any activity which is not in accordance with the type of visa held by him/her; iv. Name of the foreigner shall not figure in any Ration Card and/or Electoral Rolls; v. Passport/Residence Permit of the foreigner to be stamped “Business/employment not permitted on XV.” It is, therefore, evident that the petitioner can seek an extension of Visa from the State Governments/Union Territory Administration/FRROs as the case may be and such extension of stay can be granted by State Governments/Union Territory Administration/FRROs concerned subject to certain conditions. Learned counsel for the petitioner has not brought any other rule, regulation, condition, guidelines, policy or any provision stating otherwise. In view of the same, it is apparent that the reasoning given by CRM No. M 18911 of 2010 6 the petitioner to go to Holland is not factually correct. The stand of the petitioner also appears to be incorrect on account of the fact that earlier also he was granted extension while he was in India. Dismissed. (Nirmaljit Kaur) Judge 27.07.2010 mohan