Foreign Nationals Cannot Execute Special Power Of Attorney For Filing Writ Petitions Before Indian Courts: Karnataka High Court
Live LawThe Karnataka High Court recently held that a foreign national cannot execute a Special Power of Attorney sitting elsewhere in the globe for the purpose of filing a writ petition invoking Article 226 of the Constitution of India, before any courts in India. The petitioner is wanting to do what the Act does not permit him to do.” It added, “Such power of attorneys which are executed by foreign nationals invoking the Act cannot be recognized, and is sans countenance.” The petitioner argued that the petitioner is forced to represent himself through the SPA holder as he is not able to travel to India on account of no Visa being granted on consideration of his application. The Court said, “The documents further reveal that when the exit permit was being processed, it was noticed that the petitioner removes the Visa sticker for medical attendant Visa from pages 14 and 15 in his current passport and communication to him being refused due to blacklisting.” Further, it held that the documents revealed that the name of the petitioner in the earlier passport and applications for the grant of Visa was Sajjad Kareem Ismael and that when the petitioner secured a new passport, his name changed from Sajjad Kareem Ismael to Sagad Kareem Ismael. Since the petitioner is represented by another person who would not be aware of these factors, this Court is holding its hands on imposition of exemplary costs.” Following this, the Court held that the petitioner entered India on two occasions and on both occasions on a medical Visa and a medical attendant Visa, after initially entering on a student Visa. Dismissing the petition the court said, “Foreign Regional Registration Officer of FRRO should cautiously deal with such applications as the petitioner has been granted medical Visa not once but twice when he has overstayed for more than two years and should not also blindly look into an opinion from the hospital and grant such Visas as bona fides of the petitioner or the persons like the petitioners are always a suspect.” Appearance: Advocate Appu Kumar for Petitioner Deputy Solicitor General of India H.Shanthi Bhushan for Respondent Citation No: 2024 LiveLaw 272 Case Title: Sagad Kareem Ismael AND Union of India & Others Case No: WRIT PETITION NO.
History of this topic
Discover Related