Delhi High Court seeks response from Central government on plea by wife of Youtube Vlogger Karl Rock challenging cancellation of his visa
The Delhi High Court on Friday, sought response from the Central government on a plea by Manisha Malik, wife of New Zealand Youtube Vlogger Karl Edward Rice (Karl Rock) challenging the decision of the government to blacklist Rice thereby preventing him from entering India (Manisha Malik v. UOI)
Single-judge Justice Rekha Palli said that while it might be the prerogative of the Central government to deny him entry, the same has to be justified on record by furnishing reasons.
The counsel for petitioner submitted that Rock had written to the Ministry of Home Affairs several times there was no response from them.
The Central government submitted that the application for visa was cancelled as the petitioner was on a spouse visa but conducted business, contrary to visa rules.
Justice Palli remarked that the reasons for cancellation of visa may be the Centre's prerogative but need to be justified.
"You may be right in this, It is absolutely your prerogative, to have him in the country or not. But it has to be justified on record."
The Court, therefore, sought a response from the government and posted the case for further consideration on September 23.
Malik, an Indian national, stated in her petition that the decision to blacklist Rice should be set aside and a meaningful hearing has to be afforded to him before taking any decision with regard to his Visa.
In her petition, Malik highlighted that after their marriage in 2019, Rice was granted an X-2 visa with certain conditions.
One of the conditions was that he should exit India every 180 days to intimate the concerned Foreigner Regional Registration Office.
In compliance with the same, Rice had left India on October 10, 2020.
He has not been able to return to India since, as any application for issuance of an Indian Visa is being rejected by the Indian Government, the plea contended.
She also submitted that they put their grievance in front of the respondents several time but they have neither responded nor communicated any progress with regard to such representations.
The petition stated that despite repeated representations by the petitioner to the Ministry of Home Affairs and by the Rice to the High Commissioner to India in New Zealand, there has been complete non responsiveness by the Respondents with regard to the basis of blacklisting and the duration of such blacklisting.
By arbitrarily denying blacklisting her husband and denying him Visa, the government is depriving her from living with her husband thereby violating her fundamental right to life and dignity guaranteed under Article 21 of the Constitution, she contended.
