Amid Afghan visa extension halt, Delhi HC urges Centre to look into dry fruit trader’s case

The memorandum, dated March 19, further states that business visas shall be considered “for established and well-known businessmen on the recommendations of the Afghan and Indian Chambers of Commerce” and “petty traders/businessmen need to be kept out of its ambit”.

On Wednesday, the Delhi High Court, while hearing Nazari’s plea, urged the Centre through its Foreigners Regional Registration Office (FRRO) and the Ministry of Home Affairs (MHA) to see “if there is any scope for extension of the visa”, keeping in mind the “peculiar facts” of the case.

The Centre’s counsel orally submitted before Justice Sachin Datta that “as a matter of policy, we are not extending any visa for any Afghan nationals”, adding that “if they need a visa, they can go back and apply”.

Justice Datta, however, remarked, “You want him to go back and apply? As per this OM, he may not be getting a visa for a long time.”

The Centre’s counsel responded, “That is a possibility… because we cannot take the risk, Taliban is now running the country. Taliban has taken over…”

Taking note of the fact that the OM is from March, the HC orally remarked, “Much water has flown since March 2025.”

The court’s oral remarks come in the backdrop of the Taliban-ruled Afghanistan’s Foreign Minister Amir Khan Muttaqi’s visit to India earlier in October — the first official visit by a Taliban foreign minister — and meeting External Affairs Minister S Jaishankar. The visit marked a crucial moment in India’s foreign policy, with India choosing to engage with the Taliban even as it is yet to grant official recognition to Taliban-ruled Afghanistan.

The court implored the government’s counsel to take instructions, especially on whether there is any possibility for extending the business visa. The court has kept the matter for further consideration on November 6. The court, however, refused to grant any interim protection against coercive action by authorities.

The plea

Nazari, represented by advocates Bharat Malhotra and Taksh Suri, had pointed out to the court that while the OM was operational since March, he was granted an extension of his business visa on May 6. The extension was valid from April 29 until October 28.

Nazari said he trades in dry fruits and its export: he receives orders from Indian traders, issues corresponding purchase orders to Afghan suppliers, and organises the delivery. He added that he has been living in India on valid visas since 2014.

With contractual and financial obligations, including approximately Rs 1.5 crore that remains to be recovered from various Indian traders, Nazari submitted in his plea that his continued physical presence in India is essential to secure the outstanding amounts.

Additionally, as per the plea, he has already entered into and executed at least five separate trade transactions since August 2025, each involving substantial consignments of dry fruits. He said some of these consignments partially delivered, others in transit, and yet some others awaiting delivery — amounting to transactions, Nazari said, worth around Rs 2.5 crore.

Nazari held a Business Visa (B-2 Multiple Entry Visa), granted by the FRRO in 2024 and approved from October 29, 2024, to April 28, 2025. On April 21, nearly a month after the OM was issued, Nazari had sought an extension of the visa. This, too, was granted by the authorities for the period from April 29 to October 28.

However, when he applied for an extension a second time on October 18, the FRRO, in an email communication four days later, informed him that his application had been closed without ascribing any reason. He applied for the extension again last week, on October 25.

What does the memo say?

Notably, the March 19 OM notes that “all regular visas for Afghan nationals were cancelled in the changed scenario when the Taliban took over the country in August 2021 and a new category of e-visa, called e-Emergency X-Misc Visa, was introduced for Afghan nationals to enter India in emergency situations”.

While initially introduced for a period of six months, the policy has since been extended from time to time.

The OM records that it has now been decided that the visa portal will be upgraded within the e-visa system for processing visa requests of Afghan passport holders for six categories of regular visas, which also includes medical and business visa, among others. It said the old system of e-Emergency X-Misc visa will stand discontinued from the date of commencement of the new module.

The OM notes that “there shall be graded opening up of visas”, where “initially the numbers shall be limited and could be increased once the process is streamlined”.