Delhi HC: Disposes Petition for Evacuation of Indians stranded in Afghanistan amid Taliban Rule

Chaini Parwani –

Published On: October 27, 2021 at 15:25 IST

The Delhi High Court dismissed a Public Interest Litigation (PIL) Pleading for the evacuation of Indians and Afghan Nationals of Hindu and Sikh origin, stranded in Afghanistan amid Taliban rule. 

The Bench comprising of Chief Justice DN Patel and Justice Jyoti Singh, informed the Centre to consider the representation made to it by the Petitioner.

The Court, while being suspicious of the Petitioner’s submission that information was collected based on Visa applications filed by the stranded persons before the Ministry of External Affairs, stated, “We have a doubt about this fact!”

Further, the Court interrogated “How you got copies of private visa applications? It’s not an easy task to obtain all this. We’re not convinced by your oral submissions.” 

Furthermore, the Court directed the concerned Respondent Authority to determine the representation of the Petitioner under the Laws, Rules, Regulations, and Government Policies applicable to the facts of the case.

Government Counsel Amit Mahajan highlighted that countless attempts have already been made by the Government of India to evacuate the stranded people.

The Bench further replied that the Government also has the choice to reject the representation, stating appropriate reasons. 

The Chief Justice stated “We know the operation of airlines is also in difficulty. You mention that and reject it if you want. “

Further, the Court highlighted that while the Government facilitated the departure of 106 stranded Afghan Nationals in India back to Kabul, the Petition stated that no steps were taken to airlift the stranded Indian and Afghan Nationals of Indian origin from Afghanistan to India. 

The Petitioner had prayed for a ruling from the Centre to issue E-Visas to such stranded people.

The Petitioner had annexed a list of people allegedly stranded in the politically unstable region. 

The list included the names of 64 Indian nationals, whose authenticity the Bench questioned. 

The Pleas filed by Parminder Pal Singh, former representative and media advisor for the Delhi Sikh Gurdwara Management Committee, through Advocate Sidharth Borah.

Finally, the matter was disposed of because of the representation made by the Petitioner to the Government Authorities on 18th October 2021.

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