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Karnataka High Court Dismisses Plea of Pakistani Minor Children Against Coercive Action Amid Visa Revocation

9 May 2025 10:05 AM - By Prince V.

Karnataka High Court Dismisses Plea of Pakistani Minor Children Against Coercive Action Amid Visa Revocation

The Karnataka High Court on May 8, 2025, rejected a plea filed by three Pakistani minor children, who had approached the court seeking protection from any coercive action by Indian authorities until May 15. The minors, who were represented through their mother, requested the court to restrain authorities from taking any action against them as they planned to return to Pakistan after attending a marriage scheduled for May 12.

The case was heard by a vacation bench of Justice M G Uma, who declined to grant relief to the petitioners.
The Undersecretary to Government of India passed the order dated 25-04-2025 regarding revocation of visa of Pakistani Nationals. Therefore the Union of India, through the Cabinet Committee on Security has taken a conscious decision to safeguard interest of citizens in India. In such circumstances, I do not find any reason to interfere with the same, to pass a favourable order in favour of the petitioners. Hence petition stands dismissed, stated the court.

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Deputy Solicitor General of India H Shanthi Bhushan appeared for the Union Government and informed the court about the government's decision to revoke visas granted to Pakistani nationals in response to the terror attack in Pahalgam. He submitted that the minors, whose visas were revoked, were expected to leave the country by April 27.

"The petitioners have not challenged the FRRO's visa revocation order, and therefore no relief can be granted at this stage," he added.

The minors entered India in January 2025 on valid visas which were due to expire in June. However, after the terror incident at Pahalgam involving the killing of Indian travellers, the Central Government issued an order revoking all visas issued to Pakistani nationals and directed them to return to Pakistan by April 30.

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Following the directive, the petitioners made their way to the Attari border on April 28 to return to Pakistan. However, they were unable to cross the border as there was no one from Pakistan to receive them and the Pakistani authorities had reportedly closed the border even for their own citizens. Due to this, Indian immigration officials sent them back to Mysore.

After their return, the petitioners made a representation to the Commissioner of Police and the Foreigners Registration Officer (Mysore), requesting an extension of their visa or grant of a long-term visa. However, the plea claimed that no decision has been made by the authorities on their representation so far.

Fearing potential coercive action due to the lapse of their visa status, and with no alternative remedy available, the petitioners moved the High Court. They sought a direction (mandamus) to the authorities not to take any coercive steps until May 15, assuring the court that they intended to return to Pakistan after attending a family wedding on May 12.

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Despite their request, the High Court ruled in favour of the government’s decision and emphasized the importance of national interest and internal security.

The petition was filed under case number WP 13182/2025. Advocates K G Ganesha and S Y Suma Dixit appeared for the petitioners, while Deputy Solicitor General H Shanthi Bhushan represented the respondents.

Appearance: Advocates K G Ganesha, S Y Suma Dixit for Petitioners.

DSGI H Shanthi Bhushan for Respondents.

Case No: WP 13182/2025