Gujarat High Court Steps In: Notice Issued on Syrian National's Plea to Quash FIR Over Visa Predicament

In a significant development, the Gujarat High Court has taken notice of a plea filed by a Syrian national, Mohamad Qasim Bakkar, who is currently seeking to quash an FIR registered against him. The case, which revolves around an alleged visa overstay, has seen the court issue notices to the state government, the Ministry of Home Affairs, the Foreigners Regional Registration Office (FRRO), and the local police.

You see, Bakkar finds himself in a rather precarious position, currently held in judicial custody. His contention is quite clear: the FIR accusing him of overstaying his visa, which was initially valid from March 2023 to September 2023, is simply unjust. He argues that he had, in fact, applied for an extension of his visa well within the stipulated time frame. However, for reasons that remain somewhat opaque, his application wasn't processed in a timely manner.

It's a scenario that, frankly, many might find themselves in when navigating complex bureaucratic systems. Bakkar's legal team, led by advocate M H Sheikh, presented to the court that his initial visa had been obtained to facilitate his travel from Afghanistan to Syria, with India merely serving as a transit point. This detail, one could argue, adds another layer of nuance to his predicament.

The petition meticulously outlines how Bakkar, anticipating the expiry of his visa, duly submitted an application for an extension to the Ministry of Home Affairs. Despite his proactive efforts, the extension simply didn't materialize before his existing visa ran out. This, he asserts, led directly to the FIR being lodged against him – an outcome he believes isn't a result of any willful defiance on his part, but rather an administrative oversight or delay.

Interestingly, the High Court’s bench, comprising Justice Divyesh A Joshi, has now directed all the named respondents – that’s the state government, the Ministry of Home Affairs, the FRRO, and the local police – to submit their responses by the next hearing, which is scheduled for July 16. This move signals that the court recognizes the potential complexities and merits of Bakkar's arguments. It’s a moment of hope, perhaps, for someone caught in the labyrinthine world of international travel regulations and legal battles.