The Karnataka High Court has directed the Ministry of External Affairs, the Ministry of Home Affairs, and the Foreigners Regional Registration Office (FRRO) to actively consider and decide a fresh citizenship application filed by a Pakistani national residing in India before the expiry of her long-term visa.
The direction was issued by Justice Suraj Govindaraj on December 18 while hearing a petition filed by Nighat Yasmeen, who is married to an Indian citizen and is the mother of two children who are Indian citizens. Yasmeen approached the court alleging that her earlier requests seeking Indian citizenship had not been taken up for consideration by the authorities.
During the hearing, the court took note of recent changes in visa processing policies affecting Pakistani nationals, particularly following the India-Pakistan conflict. The judge observed that the introduction of the mandatory e-FRRO portal had altered the manner in which such applications were being handled.
Justice Govindaraj recorded that Yasmeen had complied with the requirement of submitting her application through the e-FRRO system, but despite this, her case continued to remain pending without any effective decision.
Clarifying the legal position, the court noted that although a government order had suspended certain visa services for Pakistani nationals, individuals holding valid long-term visas are protected from deportation or any coercive action while their applications are under consideration.
To streamline the process, the High Court permitted Yasmeen to withdraw her multiple pending applications and file a consolidated fresh application for citizenship. The authorities were directed to process the application within a fixed timeframe once it is filed.
The court emphasised that the decision on her citizenship plea must be taken strictly in accordance with existing laws and prescribed timelines, while also keeping in view her marital and family ties in India.
