Johnny Paul Pierce
vs
Union of India
Case No : WP(c) No. 13263/2020
Coram : Justice C S Dias
Appearances: Advocate S Saju, A V Sajan & Neelanjana Nair for petitioner; ASG P Vijayakumar for the respondents.
Brief Facts of the Case
Mr. Johnny Paul Pierce – the petitioner, an American National, came to India, on a tourist visa, on26.2.2020. The visa is valid till 26.1.2025. All of a sudden, the Country went into a lockdown due to the COVID - 19 pandemic and the petitioner has got stranded. For the last three months, the petitioner is remaining idle and helpless. His desire to explore the Country has been affected. If it were not for the pandemic, he would have gone back to the United States of America, converted his tourist visa to a business visa, and then returned to India.
The petitioner laments that the policy guidelines issued by the Government of India in respect of e-visa, with multiple entries, although has a validity of five years he is permitted to stay only up to180 days in one visit. So, he has to leave India on or before 24.8.2020, though his visa is valid till 26.1.2025.Without leaving India, he cannot apply for the conversion of his tourist visa to a business visa.
During this pandemic period, if the petitioner is deported, he is at high risk. He sees business prospects in Kochi and would desire to continue here for a further period of six months. He has sent Ext.P-3 email to the respondents 2 and 3, inter-alia, stating that there are more than one lakh deaths in the United States of America due to the novel corona virus compared to only 20 deaths in Kerala. At the age of74, he feels safe in Kerala. He is suffering from various ailments and has sought the help of Doctors in Kochi. He has received a tailor-made reply from the 2ndrespondent, who has not adverted to any of his requests. In the present scenario, he seeks humanitarian interference by this Court because he has not been able to complete his purpose of stay in India. Hence his visa may be extended for a further period of six months, permitting him to apply for conversion of his tourist visa to a business visa without leaving the country.
Submission of the Petitioner
Sri. Saju. S. Nair, the learned counsel appearing for the petitioner, submitted that a lenient view may be taken in the matter because the petitioner is 74 years old, and he is suffering from various ailments. As the petitioner has a valid visa till 26.1.2025, there is no legal impediment in him staying back in the Country beyond 180 days from the date of his arrival. The 2ndrespondent has not considered Ext.P3 re-presentation but has sent a stereotyped reply.
Submission of the Respondent
Sri. Suvin Menon, the learned Central Government Standing Counsel, appearing for the respondents argued that the Government of India, Ministry of Home Affairs, Foreigners Division, by Office Memorandum dated 5.5.2020, has considered the problem relating to foreign nationals stranded in India due to the pandemic, and decided as follows:
“Regular Visa e-visa or stay stipulation, of such foreign nationals whose visas have expired or would be expiring during the period from 01.02.2020 (Mid-night) till the date on which prohibition on international air travel of passengers from India is lifted by the Government of India, would be extended on 'GRATIS' basis on submission of online application by the foreigners. Such extensions would be granted for a period up to 30 days from the date of lifting of prohibition on international air travel of passengers from India without levy of overstay penalty. Exit to such foreign nationals, if so requested by them, will also be granted on the same lines.”
Observation of the Court
The plea of the petitioner that he may be permitted to stay for a further period of six months and his visa may be converted from tourist visa to a business visa without leaving the Country, cannot be entertained by this Court. Grant and extension of visas to foreign nationals fall exclusively within the domain of the Government of India, to ensure the sovereignty and the national security of the Country, which stands at the highest pedestal. The petitioner, who has come to India on a tourist visa, was well aware of the conditions in the visa before he left his Country.
Order of the Court
Nevertheless, because of the unforeseen situation caused due to the COVID-19 pandemic, and the promulgation of the Office Memorandum dated5.5.2020 and also the non-resumption of regular international flights, without expressing anything on the merits of the issue, the Court direct the 2nd respondent to consider Ext.P-3representation submitted by the petitioner, strictly in accordance with the guidelines/regulations/policies of the Government of India, and dispose of the same as expeditiously as possible, at any rate, within a period of two weeks from the date of receipt of a copy of this judgment.
