HC orders release of detained foreign national married to Indian man

MUMBAI: The Bombay High Court (HC) on Tuesday intervened in a detention case, directing immigration authorities to release a foreign national married to an Indian man. The woman, detained upon her arrival from Vietnam, was accused of overstaying her e-visa, sparking a legal battle that has raised questions about the procedures followed by the Bureau of Immigration.

The case revolves around Bianca, a follower of ISKCON, whose husband, Yachneet Pushkarna, filed a petition challenging her detention and potential deportation. According to Pushkarna, Bianca holds a valid Indian e-visa, issued for a five-year period from November 14, 2022, to November 13, 2027. The couple, deeply connected through their shared faith, were married on December 20, 2024, at the Sri Sri Radha Gopinath Mandir, ISKCON, in Mumbai. During the hearing, Pushkarna’s counsel strongly objected to Bianca’s blacklisting by the immigration authorities. They argued that the blacklisting process was flawed, pointing out that no formal show-cause notice was issued. Instead, Bianca had received only an email imposing a penalty, a move described as contrary to established legal procedures.

Special Public Prosecutor DP Singh, representing the Bureau of Immigration, acknowledged that Bianca’s e-visa, issued by the Indian Embassy, remains valid until 2027. Despite this, Bianca was detained at the airport, leading the court to question the grounds for her detention and the subsequent blacklisting.

Highlighting the “peculiar facts” of the case, a division bench comprising Justices Revati Mohite Dere and Dr Neela Gokhale directed the immediate release of Bianca from custody. The court also issued a stern order preventing her deportation until further notice. “Till the next date, the petitioner’s wife shall not be deported,” the bench stated.

In addition, the court demanded an explanation from the Bureau of Immigration. It instructed the agency to file a detailed affidavit by February 20, 2025, outlining the circumstances that led to Bianca’s detention and blacklisting. The affidavit is expected to clarify whether due process was followed and provide insights into the enforcement of visa regulations.