Collecting Money Ostensibly for Charitable Activity is not permitted when Foreigners come to India on Business Visa: Delhi HC upholds Blacklisting of US Citizen [Read Order]

The Delhi High Court upheld the blacklisting of US citizen and observed that collecting money ostensibly for charitable activity is not permitted when foreigners come to India on business visa.

The question which arises for consideration is whether the violation of the conditions of the business visa can be a sufficient reason for deportation and blacklisting of the Petitioner.

It was stated that the Petitioner, Randa Chehab came to India and incorporated a private limited company, namely, Oceanview Homestay and Yoga Centre Private Limited in Trivandrum, Kerala as a promoter director. The Petitioner arrived at Trivandrum, Kerala on 28.11.2022 and immediately on her arrival, the Petitioner was deported back to Chicago, USA without any reason.

It was stated that the Petitioner is being denied entry into India for undisclosed reasons. Alleging that her deportation from the country is completely arbitrary and for no valid reason, the Petitioner has approached the Delhi High Court by filing the instant writ petition.

The Status Report reveals that the name of the Petitioner has been blacklisted at the behest of Foreigners Regional Registration Office (FRRO), Trivandrum as she was involved in public fund collection while visiting on a business visa which is not permitted. It is stated that as of today there is an adverse entry report against the Petitioner.

The General Policy Guidelines Relating to Indian Visa, states that when a person is granted a business visa, the purpose is to attend business meetings and technical meetings and funds cannot be collected for the said purpose.

A Single Bench of Justice Subramonium Prasad observed that “Collecting money ostensibly for charitable activity is not permitted when a foreigners comes to India on a business visa. Since the Petitioner has admittedly acted contrary to what is permitted, the decision taken by the authorities to blacklist the Petitioner cannot be said to arbitrary and as such requiring any interference under Article 226 of the Constitution of India.”

“It is well settled that a Court can exercise its jurisdiction under Article 226 of the Constitution of India only where there is a violation of a right. In the absence of any right, a writ cannot be issued. Since the Petitioner has not been able to establish violation of any rights granted to the Petitioner, this Court is not inclined to exercise its jurisdiction under Article 226 of the Constitution of India to interfere with the decision taken by the authorities” the Court concluded.

To Read the full text of the Order CLICK HERE

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