Indian High Court rejects plea of Pakistani minors amid rising India-Pakistan tensions, impacting future cases.

India-Pakistan Tensions: HC Rejects Pak Minors' Plea

Visaliv

12 May 2025

The Karnataka High Court has dismissed a petition filed by three Pakistani minor children who sought relief from the Indian government's decision to revoke their visas. The children, accompanied by their Indian mother, had entered India on valid visas in January 2025, which were set to expire in June. However, in response to a terrorist attack in Pahalgam, the Indian government revoked the visas of all Pakistani nationals, instructing them to leave the country by April 30, 2025.

The family attempted to return to Pakistan via the Attari border on April 28, 2025, but were unable to cross due to the closure of the border by Pakistani authorities and the lack of arrangements on the other side. Consequently, they were sent back to Mysore by Indian immigration officials. Despite multiple appeals to local authorities for a visa extension or long-term stay permit, the family received no response.

Fearing possible legal action for overstaying, the minors filed a petition in the Karnataka High Court requesting a 15-day extension of protection from coercive measures, with the intention of returning to Pakistan by May 15, 2025. The petitioners argued that the delays were due to the border closure, which had prevented their timely departure.

During the proceedings, the Indian government’s legal representatives, led by Deputy Solicitor General, argued that the visa revocation was a necessary measure in light of ongoing security concerns and that the petitioners had not challenged the original decision to revoke their visas. The government contended that national security considerations outweighed the petitioners' request for an extension.

Justice M.G. Uma, presiding over the case, ruled in favor of the government, affirming that the decision to cancel the visas was made to safeguard national interests. The court found no grounds to interfere with the government's action and dismissed the petition.

This decision underscores the Indian judiciary's stance on prioritizing national security, especially during times of heightened diplomatic tensions and security threats. The court’s ruling highlights the government's authority to enforce visa revocations without exception in cases involving security risks, regardless of the individual circumstances of those affected.