“Process It Fast”: Delhi High Court Orders Swift Decision on Visa Plea of Pernia Qureshi

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The Delhi High Court directed authorities to urgently process the visa application of Pernia Qureshi.
The Court also set a 10-day deadline for deciding her sister’s visa plea, stressing quick action under legal guidelines.

The Delhi High Court has directed authorities to quickly process the visa application of Pernia Qureshi, daughter of meat exporter Moin Akhtar Qureshi. The order was passed by Justice Sachin Datta, who emphasized that the application must be handled promptly and in accordance with existing legal guidelines.

The matter arises from a petition filed in 2019 by Pernia Qureshi, who is currently a US citizen. She had challenged the Central government’s decision to revoke her Person of Indian Origin (PIO) status and deny her eligibility for an Overseas Citizen of India (OCI) card. The case highlights ongoing legal complexities surrounding citizenship status, especially for individuals with historical links to Pakistan.

While hearing the case, the Court noted that Pernia Qureshi would submit a fresh visa application. It directed the Foreigners Regional Registration Office (FRRO) to ensure that the application is processed without unnecessary delay.

In its order dated April 20, the Court clearly stated,

“The petitioner in the present case would also prefer an application for grant of visa which shall be duly processed and considered by the respondent,”

reinforcing that due process must be followed.

Further stressing the need for urgency, the Court added,

“The Foreigners Regional Registration Office shall act expeditiously to process the application and make an endeavour to issue visa to the petitioner as per the applicable guidelines,”

thereby placing responsibility on the authorities to act swiftly and fairly.

The Court also extended similar relief to Pernia Qureshi’s sister, Sylvia Moin, who is also a US citizen. It directed that her visa application must also be processed quickly, setting a clear deadline of 10 days from April 20 for a decision to be made.

During the proceedings, the Central government, represented by counsel Rajesh Gogna, argued that Pernia Qureshi was residing in India without a valid permit. However, the petitioner’s legal team presented a detailed background of her citizenship history.

According to the petition, Pernia Qureshi was born in Pakistan in October 1983. At that time, her mother was a Pakistani citizen, while her father was an Indian citizen. The plea further explained that both Pernia and her mother later surrendered their Pakistani citizenship, and Pernia became an Indian citizen in 1995.

Subsequently, she acquired US citizenship in 2007 and was granted a PIO card in March 2008, which remained valid until 2023. However, changes in India’s citizenship laws led to complications. The government later merged the PIO and OCI schemes, automatically treating PIO cardholders as OCI cardholders. Despite this, Pernia Qureshi was denied OCI status due to a revised rule stating that individuals who are or have ever been citizens of Pakistan are not eligible.

Earlier, on March 19, 2019, the High Court had provided interim relief by restraining the Centre from revoking her PIO status. The Court had then observed that it was undisputed that she had held Indian citizenship for 12 years, adding weight to her case.

This latest direction by the Delhi High Court reinforces the principle that administrative decisions, especially those affecting personal liberty and movement, must be handled fairly, transparently, and within a reasonable timeframe. The case also underlines the legal challenges faced by individuals navigating India’s evolving citizenship and visa regulations.

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author

Hardik Khandelwal

I’m Hardik Khandelwal, a B.Com LL.B. candidate with diverse internship experience in corporate law, legal research, and compliance. I’ve worked with EY, RuleZero, and High Court advocates. Passionate about legal writing, research, and making law accessible to all.

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