(Querist) 19 August 2008
This query is : Resolved
Artist Mumbiram is personally filing a writ petition at the Bombay High Court requesting for a Mandamus to officials at FROs and their superiors at the MHA (PETITION UNDER Part III Article 14 OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF A WRIT IN THE NATURE OF Mandamus UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA).
These officials have failed to process Dr.Mumbiram’s application for a five-year-visa for his minor son, who qualifies as a PIO. Departmental remedies such as formal written complaints have also been exhausted. The petition seeks a Mandamus to these officials to immediately grant a visa for his minor son and also to grant the petitioner compensation for damges.
What action from the High Court can we expect and in what time framework ? Will we be informed about the next steps in the proceedings, such as a possible hearing ? Do they post such information on the case status page of the Bombay High Court ?
Would somebody enlighten us about possible scenarios ?
(Expert) 19 August 2008
Dr. Mumbiram, Let me ,at first, make it clear to you that the visa is granted by the country which you want to visit and not by the country ,in which you are a citizen. Thus in your case the High can not issue such a mandamus to the MHA,what the High Court can mandate is,to process the application for the visa to the concerned emassy.Secondly, you have to explain,what is your RIGHT to get a visa.
Still, feelings apart, If your application is not being processed by the Indian government officials, the High Court may direct them to process the same within a time frame which may range from a couple of weeks to a couple of months.
However, if it is pending before the Foreign government officials (which in all probabilities is so since VISA is granted by Foreign government officials), no order might be passed.
Prof. Dr. Amaresh Kumar
(Expert) 19 August 2008
Firs of all it is a foolish question to ask about the action of the High Court without furnishing whole facts and documents.
Secondlly before filing the Petition it tentamounts to make the contents of the Petition in Public and asking the opinion and action of the High Court.
Thirdly a Writ Petition under Article 226 of the Constitution of India is tenable against the state and against the Foriegn Ambassy or Mission. Since VISA has to be issued by the Ambassy of the country you are visiting after completing their formalities. It is also a descritionary power and can not be claimed as a matter of Right under Part - III of the Constitution of India.
Please for the dignity of the Court do not aske such query in future.
(Querist) 11 February 2009
This is to keep the record clean.The learned lawyers advising us here need to know that Dr.Mumbiram's son was born in India, but took German citizenship, because his mother is German. Dr. Mumbiram is seeking a long term India visa for his son, who qualifies as a PIO.
(Querist) 12 February 2009
Now that the misunderstanding is clarified can we get some guidance on our original querry ?
(Expert) 18 February 2009
The High Court at the most will direct the concerned authorities to process the application at the earliest. The remedy of Mandamus can be sought only after the application is rejected that too if there are no valid grounds to reject it.