The Delhi High Court has dismissed a plea seeking an Entry Visa to India by Dhanraj Rajendra Patel, a US citizen of Indian origin, after noting his earlier conviction as a sex offender in the United States and the non-disclosure of earlier proceedings before the Gujarat High Court.
Justice Amit Mahajan passed the order, holding that the Court found no ground to exercise its extraordinary jurisdiction under Article 226 of the Constitution.
Background
Patel was born in India but later moved to the United States and acquired US citizenship, thereby renouncing his Indian citizenship. He had earlier obtained an e-visa and travelled to India in December 2022, but was intercepted at Indira Gandhi International Airport and denied entry before being deported to Dubai.
According to the petition, Patel subsequently made several attempts to obtain an Indian Entry Visa. His applications were allegedly returned without reasons, prompting him and his Indian spouse to approach the Delhi High Court.
The Union of India opposed the petition, pointing out that Patel had earlier approached the Gujarat High Court over the same denial of entry. That petition had been dismissed on January 6, 2023.
The Delhi High Court found that the earlier Gujarat proceedings were a material fact that should have been disclosed. The Court noted that the Gujarat High Court had already considered the denial of entry and cancellation of Patel's e-visa, including the circumstances surrounding his US conviction.
The Court observed:
"Once the grounds for denying entry and cancelling the e-visa of the petitioner have already been affirmed by the Hon’ble Gujrat High Court, the same rationale is also applicable to the respondents subsequently not granting the petitioner a fresh visa."
The Court also emphasised the nature of visa issuance and the State's discretion in dealing with foreign nationals. It stated:
"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."
The judgment further recorded that Patel had been convicted as a sex offender in the United States and that this was endorsed on his passport.
Considering the earlier Gujarat High Court proceedings, the suppression of material facts and the circumstances surrounding the denial of entry, the Delhi High Court declined to grant relief under Article 226.
The Court accordingly dismissed the writ petition.
Case Details
Case Title: Dhanraj Rajendra Patel & Anr. v. Union of India & Ors.
Case Number: W.P.(C) 4979/2026
Judge: Justice Amit Mahajan
Decision Date: October 5, 2026
