Delhi High Court upholds denial of visa to Indian origin US citizen convicted as sex offender

The Delhi High Court recently upheld the government’s decision to deny an Indian visa to a US citizen convicted of a sexual offence [Dhanraj Rajendra Patel & Anr v. Union of India & Ors]. 

Justice Amit Mahajan said that the government was within its right to prevent such people from setting foot on Indian soil. 

“The issuance of a visa is a sovereign function of the State that is embedded in considerations of national security, foreign policy and administrative discretion. Petitioner No.1, admittedly, has been convicted as a sex offender in the United States of America and the respondents are within their rights to prevent such people from setting foot on Indian soil,” the Bench observed. 

The Court was dealing with a plea filed by Dhanraj Rajendra Patel, who was born an Indian citizen but later acquired US citizenship and renounced his Indian citizenship. He had travelled to India in December 2022 after being granted an e-visa. However, he was intercepted at the Indira Gandhi International Airport in Delhi and deported to Dubai.

Patel subsequently made repeated applications for an entry visa, which were returned, prompting him to approach the Delhi High Court. He claimed that the authorities had failed to provide reasons for rejecting his applications and argued that he was entitled to an entry visa as the spouse of an Indian citizen. 

However, the Court rejected the argument. 

Justice Mahajan also took note of Patel’s failure to disclose that he had earlier approached the Gujarat High Court over the denial of his entry into India and cancellation of his e-visa.

Advocate Rajveer Singh appeared for the petitioner. 

Central Government Standing Counsel (CGSC) Rukhmini Bobde along with advocates Vinayak Aren and Aishwarya Nigam appeared for the Union of India. 

[Read Order]