Updated: July 17, 2021 10:11:59 am
The Delhi High Court on Friday issued notice to the Centre and Foreigner Regional Registration Office, Delhi in the petition filed by YouTuber Karl Edward Rice’s wife Manisha Malik against blacklisting and cancellation of his visa. Malik has been with Karl since 2014 and married him in 2019.
Malik, in the petition filed through advocate Fuzail Ahmad Ayyubi, submitted that she and her husband are YouTube vloggers who have visited most parts of the country to capture its beauty, and thereby, contribute to promotion of tourism in India. “The petitioner, by virtue of denial of a visa to her husband who has been arbitrarily blacklisted by the Respondents, is deprived from living with her husband thereby violating her fundamental right to life and dignity as guaranteed under Article 21,” she argued in the plea.
Karl has dual nationality of New Zealand and Netherlands. He has been visiting India since 2013, and, subsequent to his marriage with Malik, was granted a visa meant for the spouse of an Indian citizen. One of the visa conditions required him to exit the country every 180 days or intimate the Foreigner Regional Registration Office for extension.
“Complying with the aforesaid condition of exiting the nation, while the petitioner’s husband left India on 10.10.2020, he has not been able to return because any application for issuance of an Indian visa is being rejected by the Respondents. While the petitioner has been running from pillar to post and no reasons are communicated to either Mr Karl Edward Rice or to the petitioner herself as to on what basis her husband’s request for issuance of visa have been rejected, the petitioner’s husband was only verbally informed that he has been blacklisted and therefore he is not permitted to enter into India,” Malik said in the petition.
Justice Rekha Palli on Friday told the Centre there has to be justifiable reasons for the blacklisting, and the reasons have to be communicated to either Karl or his wife. The court granted three weeks time to the respondents to file a counter-affidavit, and listed the case for hearing on September 23.
Advocate Anurag Ahluwalia, representing the authorities, submitted to the court that Karl has been blacklisted for visa violations as, despite being on a spouse visa, was conducting business in India. Ahluwalia sought time to file a reply to the plea.
When Ayyubi, representing Malik, sought a short date for next hearing in the case, the court said, “It is all right. You have been out in October. In Covid, people are not seeing their family for more than one year… so it is all right.”
“Have a little patience. If you are in the right, you will succeed,” added the court.
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