High Court pulls up Union home ministry for harassing Briton over Person of Indian Origin status

PANAJI: The high court of Bombay at Goa rapped an official of the Union ministry of home affairs (MHA) for causing "needless harassment" to a 61-year-old British national married to a person of Indian origin (PIO), and ordering him to quit India on the grounds that the couple was no longer living together.
Observing that authorities cannot enter into "complicated issues regarding the emotional status of a relationship" as the marriage was not ended by a court of law, the court directed the authorities to return the British national's PIO card, residential permit and passport.

Around 25 years ago, the British citizen had married an African national, who is also a PIO, in London and later moved to Goa. He was given a PIO card by the government as his wife had one. In 2009, the wife filed an application for divorce as they were not living together for four years. In 2010, a local court granted them provisional divorce by mutual consent.

In 2011, the husband surrendered his PIO card for a residential permit following an order passed by the Union ministry of home affairs (MHA) on the grounds that the couple had ended the marriage by mutual consent.

Subsequently, the foreign national sought to recall the order before the MHA because the court had given provisional divorce and that he had withdrawn his consent. But, the MHA did not relent. Later, the foreigner got relief from the high court, which directed the authorities to consider his case. The MHA declined to entertain him as the wife was not willing to revive his PIO card. Aggrieved by the order, the husband approached the high court.

A division bench comprising justice N M Jamdar and justice Prithviraj K Chavan observed that "the respondent no.3 (MHA official) has stated that the petitioner is no longer eligible to continue to hold a PIO card. But under which provision this conclusion is founded, is not made clear. As on date, the relationship between the petitioner and the respondent as husband and wife has not been put to an end by any court of law".

The HC noted that the order of the MHA official, which was beyond its jurisdiction, has resulted in the needless harassment to the petitioner. There is nothing in the order to show the petitioner's presence is detrimental to the security of the nation and noted that merely on one letter of wife, the order was passed.

"Respondent no.3 cannot enter in various complicated issues regarding the emotional status of the relationship. This is clearly beyond the jurisdiction vested in the respondent no.3. Even otherwise, the factum of living separately could be for various reasons. Respondent no.3 is not a court taking evidence to determine the emotional status of the parties to deduce there from the purpose of living together as husband and wife has failed" the HC remarked.

The court further directed the MHA to return the PIO card, residential permit and passport, unless for any other lawful and valid reason, the same are required to be retained by the authorities. These documents should be returned within four weeks.