Overview
- The Kerala High Court dismissed a writ petition from an Indian man and his Pakistani wife, ruling that a Pakistani national cannot demand that a visa application be received, processed, or granted while the central suspension remains in force.
- The decision rests on an executive order issued under Section 3 of the Foreigners Act that revoked and suspended visas for Pakistani passport holders in April 2025 and left narrow exceptions such as certain medical, long-term, diplomatic, and official visas.
- The court said issuance of visas is a sovereign function linked to national security and foreign policy and found that India’s constitutional protections under Articles 14 and 21 cannot be invoked by foreign nationals outside Indian territory to compel entry.
- The petitioners said the wife could not find any procedure to submit a visit-visa application to attend a family wedding, a problem the court said could not override the suspension; the ruling leaves such family and humanitarian requests dependent on the Centre’s discretion.
- Legal observers say the judgment reinforces judicial deference to executive immigration and security choices and is likely to be cited in future challenges over visa suspensions and procedural access for foreign spouses.