Kerala High Court: Johnny Paul Pierce, a 74-year old citizen of the United States of America, who had sought extension of stay in India saying that he felt ‘safer to remain in Kerala than in US’ could not obtain relief regarding extension of stay from the High Court of Kerala.
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.
Facts of the Case
Background:
- Mr. Johnny Paul Pierce, an American national, entered India on a tourist visa on February 26, 2020.
- The tourist visa is valid until January 26, 2025.
- Due to the COVID-19 pandemic, India went into lockdown, and Mr. Pierce got stranded in the country.
- He has been unable to explore India or return to the United States as originally planned.
Visa Limitation:
- The government’s policy guidelines for e-visas with multiple entries allow a visa validity of five years.
- However, he is only permitted to stay for up to 180 days during a single visit.
- This means he should have left India by August 24, 2020, despite his visa’s validity until January 26, 2025.
- Staying beyond the allowed period without leaving the country would hinder his ability to apply for a conversion of his tourist visa to a business visa.
Pandemic Concerns:
- Mr. Pierce is at high risk of deportation if he were to be deported during the pandemic.
- He has identified business prospects in Kochi and wishes to continue staying in India for an additional six months.
- In his communication with the authorities, he highlighted the significant difference in COVID-19 death rates between the United States (over one lakh deaths) and Kerala (only 20 deaths).
- At the age of 74, he feels safer in Kerala and is also dealing with various health ailments.
- Mr. Pierce has sought medical assistance from doctors in Kochi.
- He received a response from the second respondent but without addressing his specific requests.
Prayer:
- Given the current circumstances and the inability to complete his intended stay in India, Mr. Pierce seeks humanitarian intervention from the court.
- He requests an extension of his visa for an additional six months to facilitate his application for the conversion of his tourist visa to a business visa without the necessity of leaving the country.
Submission of the Petitioner
The learned counsel representing the petitioner, Sri. Saju. S. Nair, suggested taking a lenient view in the matter. This is due to the petitioner being 74 years old and 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:
The Government of India will extend the regular visa, e-visa, or stay stipulation for foreign nationals whose visas have expired or will expire during the period from 01.02.2020 (Mid-night) until the Government of India lifts the prohibition on international air travel of passengers from India. This extension will be granted on a ‘GRATIS’ basis upon submission of an online application by the foreigners. The extensions will be provided for a period of up to 30 days from the date of lifting the prohibition on international air travel of passengers from India, without imposing an overstay penalty. The same terms will apply to the exit of such foreign nationals if requested by them.
Observation of the Court
This Court cannot entertain the petitioner’s plea to stay for an additional six months and convert his tourist visa to a business visa without leaving the country. 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.
