MUMBAI: Bombay High Court recently directed Centre to decide a Yemeni national’s application dated Aug 30, 2024, for extension of visa expeditiously within eight weeks. The man, Fahd Saeed, came to India on a student visa in 2007 to study in Pune and married an Indian national in 2011. He has been without a visa since 2014, said the Centre, as his visa given to a spouse of Indian nations required registration within 14 days of entry, which special public prosecutor Rui Rodrigues, who appeared for the FRRO (Foreigner Regional Registration Office), said he did not apply for and made a first violation. But Rodrigues also made a very categorical statement that authorities have not found any material to show or indicate that Fahd is a threat to national security, the HC bench of Justices Sarang Kotwal and Sandesh Patil noted. The bench added that in such background and since he has a family here with two small children, the authorities to consider his plea and if extension of visa is granted he must make necessary application under Section 7A of the Citizenship Act, which shall also be considered on urgent basis. The HC, however, added that if rejected, no coercive action to be taken against the Yemeni national for four more weeks to enable him to appeal.Harjinder Kaur, 34, filed a petition to seek relief for her husband. Initially, it was filed as a habeas corpus plea alleging his illegal custody by the authorities and to quash a Nov 2023 order of Deputy Commissioner of Police, EOW and Cyber, Addl Charge Special Branch, Pune City, which directed him not to move out of the premises of Kondhwa Police Station. That stage has since passed, the HC said, and he is under no restriction as of today. However, the petitioner’s husband’s stay in India without any valid documents is still a contentious issue and her lawyer Wesley Menezes sought orders for early decision on his visa extension plea, which he made in 2015. The plea before the HC said due to conditions in Yemen he had to take a passport from Kuala Lampur and he had no intention to stay illegally in India.Menezes also submitted, “In between, he faced a criminal prosecution in India from which, he was ultimately acquitted.”The HC also hear state additional public prosecutor Mahalaxmi G.The wife said if visa is not extended the family would be separated. The HC said authorities undoubtedly can take this possibility into consideration. “Therefore, the law will have to take its own course and authorities ill have to act within four corners of law with humanitarian ground as a background,” the HC said after Centre said the 2024 visa extension plea was pending due to pendency of the petition and submitted that if court passes directions the FRRO will consider his plea in a time-bound manner.
