What Is The Procedure For Undertrial Foreign Nationals' Visa Renewal? Delhi HC Asks Centre

The Delhi High Court recently directed the Centre to place on record the necessary steps and procedures required to be followed by foreign nationals, who are in the jail as undertrials, for renewal of their visas.

The bench of Justice Jasmeet Singh, which was dealing with a plea filed by a foreign national seeking bail in an NDPS case, said there are many foreign nationals lodged in the national capital's prisons, whose visa applications have not been processed.

"He [Central Govt Counsel] shall also place on record necessary steps and procedures so that foreign nationals who are in jail as undertrial know the procedure for renewal of their visas," said the court

The accused, Uchenne, had moved the High Court last year seeking regular bail in an FIR registered under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985. After completion of investigation, charge-sheet was filed under Section 21 of the NDPS Act as well as Section 14 of the Foreigners Act.

While Section 21 of the NDPS Act states punishment for contravention in relation to manufactured drugs and preparation, Dection 14 of Foreigners Act provides various penalties in case of violation of any of the provisions under the statute.

On March 30, the Additional Public Prosecutor told the court that before proceeding with the bail matter, accused's visa needs to be re-validated. On April 29, Advocate J.S. Kushwaha appearing for the foreign national, told Court that although his passport was renewed, he is required to be taken to the Foreign Regional Registration Office (FRRO) for visa renewal. 

Accordingly, the Court had directed Uchenne to complete all procedural formalities and ordered that he be taken taken to the FRRO in accordance with law and established procedures.

Over three months later on August 2, Uchenne's counsel apprised the Court that despite earlier orders, his visa was neither renewed nor any reasons were given regarding the delay or rejection. The court was informed Uchenne had applied for visa on January 28, in 2019. 

During the recent hearing on September 19, the Centre's counsel sought further time to get instructions in writing from FRRO before the next date of hearing.

Accordingly, the matter was listed for hearing next on October 10.

Title: Uchenne v. State

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