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Delhi HC quashes ‘LEAVE INDIA NOTICE’ to Pakistani Woman

Date : 07/09/2019

In Mohd. Javed & ANR versus Union of India & ANR, the Delhi High Court quashed the “LEAVE INDIA NOTICE” which was served upon Nausheen Naz on 07.02.2019. The Delhi High Court observed that Nausheen, who is of Pakistani Origin married Mohd. Javed, an Indian citizen on 26.08.2005, and since then has travelled to Pakistan several times to visit her family with the issuance of ‘No Objection to Return to India’ (NORI) by the Ministry of Home Affairs.

The Ministry’s decision of revoking Nausheen’s Long-term Visa (LTV) was held to be arbitrary by the High Court as ‘due process’ was not followed. Furthermore, the appeal highlighted Article 21 and its implications on family life which was then intervened upon by the said Ministry as Nausheen had lived with her husband since 2005 along with her two minor sons who would then be deprived of having a family and hence, the Court observed that the Appellants are entitled to protection of the said against arbitrary interference.

Additionally, Nausheen’s application for citizenship in India is currently pending with the Ministry, regarding which the High Court has ordered that the concerned authorities must decide upon the application in accordance with law.

Thus, the appeal was disposed off in congruence with the above terms.

Judgment
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