HC raps Afghan youthfor overstay in India,dismisses petition

 

 

 

THE Madhya Pradesh High Court has dismissed a petition filed by an Afghan youth challenging his Leave India Notice, alleging violation of visa rules and illegal stay. A single bench of the Madhya Pradesh High Court comprising Justice Vishal Mishra stated that refugee status granted by the UNHCR does not grant exemption from Indian visa laws and does not confer any right to stay in India without a valid visa. The court upheld the Leave India Notice and declined to interfere with the petition. The petition was filed on behalf of Syed Rashid, an Afghan youth living in Bhopal, stating that he had arrived in India on a visa in December 2019 and was pursuing an MA (Journalism) degree at a private university in Bhopal.

 

Due to the COVID19 pandemic, he received a visa extension and completed his course in 2022. Despite this, the petitioner started a job at the university while still on a student visa, even though his employment visa was never approved. Meanwhile, the Government, taking a sympathetic view, extended his visa until March 24, 2024, but the petitioner remained in India even after this. After the Taliban came to power in Afghanistan, he received refugee status from the UNHCR. Meanwhile, on January 8, 2025, the Deputy Commissioner of Bhopal sent a Leave India notice to the applicant and lodged an FIR, challenging which this petition was filed. During the hearing, Government Advocate Sumit Raghuvanshi presented arguments on behalf of the Government. After the hearing, the bench said that staying in India after the visa period expires is a violation of Section 14 of the Foreigners Act, 1946. Therefore, the Leave India notice and FIR issued by the administration are completely valid.