British sitar player who fell in love with India wins battle to stay here

A British national, a musician and his love for India — this is the story of Felix Stefan Kaye, who has been allowed to stay in India by the Delhi high court after the Foreigners Regional Registration Office (FFRO) had directed him to leave the country on the grounds that his visa had expired.

Kaye, who has stayed in India and is a member of the band Ska Vengers, came to India in 2006, fell in love with an Indian artist Ritika Singh and tied the knot with her in 2009.

But his visa had expired and proceedings were initiated against him.

Kaye had come to India as a researcher in an organisation but loved India and its culture. He has been playing the sitar for the last 15 years and is a member of the band Ska Vengers. He has also performed at various festivals, including the Jaipur Literature Festival, NH-7 Weekenders to name a few.

Kaye was convicted and sent to Tihar jail where he performed for the inmates. He appealed against his conviction, and the trial court commuted his sentence to a period already undergone but directed him to leave the country.

Kaye had challenged this in the Delhi high court, which directed the authorities to look into his application for the grant of an OCI status and an X-visa.

With an X-visa, foreigners visiting India on long-term entry(X) visa would not require registration with the FRROs/FROs concerned if the duration of his/her stay does not exceed 180 days on a single visit.

Justice Rajiv Shakdher ordered that the FRRO should consider the application for OCI status as well as X-visa and that “no coercive measures be taken against him”.

“I love India, its culture and I feel this is my home. I have never felt out of place here. I just want this issue to be resolved to the earliest so that I can stay here happily with my Indian family,” Kaye said.

The court’s direction comes while hearing Kaye’s plea challenging the FRRO’s decision, directing him to leave the country by March 31 this year.

The court found that Kaye got married to Ritika Singh on December 26, 2009, and applied for a marriage registration certificate on August 28, 2014. But the application was not processed till September 26, 2016.

The single-judge bench said the two-year delay in issuing the certificate of registration evidently occurred because the police verification report was sent to the SDM Kalkaji instead of the SDM Lajpat Nagar.

The petitioner’s counsel Akhil Sibal contended that in order to obtain the OCI status, the marriage of the artist couple should have subsisted for a continuous period of not less than two years immediately preceding the presentation of the certificate.

“An application for registration of marriage, which was filed on August 28, 2014, was not processed till September 26, 2016 for no fault of the petitioner (Kaye),” the court said.

It said no coercive measures be taken till the respondents (FRRO) decided on the application for OCI status and X-Visa. “The respondent (FRRO) shall pass a speaking order; copy of which will be furnished to the petitioner. Pending consideration of the petitioner’s application for grant of OCI status and X Visa, no coercive measures will be taken against the petitioner,” the court said.

The bench said if the FRRO order is against the interest of the petitioner, it should not be enforced for a period of 30 days to enable him to take recourse to remedy in accordance with law.