Special To WSN STOCKHOLM: First Secretary of the Indian Embassy, G.N, Vyas, on May 8, handed over a letter to P.L, Lakanpal, Author and journalist of Indian origin now a Swedish citizen, “confirming as communicated verbally in Noyember 1988 that it had not been found possible to grant you visa to visit India.”

However in pursuance of your request the case has been forwarded to authorities in India for

Reconsideration. Their decision is awaited,” he added. Petition Filed Meanwhile a petition was filed by Lakhanpal’s advocate, B.P Aggarwal in the Delhi High Court on Monday under Article 226 of the Indian Constitution, for a writ of mandamus directing the Union of India to issue him a visa as prayed for and “not to interfere with his entry into and stay in India and movement throughout its territory except for disturbed or prohibited areas.”

Joined in the petition as parties apart from the Union of India are the Prime Minister, Rajiv Gandhi and four of his colleagues, Ministers of External Affairs, Home, Information and Broadcasting and Law.

Soli Sorabjee, a senior Advocate of Supreme Court of India is to appear as Lakhanpal’s counsel. Lakhanpal said he had talked to Sorabjee who is now in London but would be returning to India around May 15.

The petitioner asked for issue of visa on August 12 got a “no” to the request communicated to him verbally by Indian Embassy first Secretary Vyas on Nov. 4 last year.

He wrote to the Indian Ambassador in Stockholm on Nov 7, protesting against the decision, faxed letters to the Indian Prime Minister and his four Cabinet colleagues on Dec 21 and Feb 16 from Stockholm and on Jan 5, this year from Washington urging for the reversal of the decision.

Denial Iegal & Malafide

Lakhanpal alleges in his petition that the denial of visa to him was wholly illegal, malafide and unconstitutional as also inexplicable since he had been in the past granted visa twice by India in 1985 and in 1987. the denial he asserts is because of his reporting on Bofors especially Swedish Prime Minister Rajiv Gandhi during his 1986 visit to Stockholm on Bofors credits and also for revelations about late Prime Minister Jawaharlal Nehru and Indira Gandhi’s emergency made in his book “A Rebel At Law” released by former Supreme Court Judge H.R. Khanna in Delhi on Dec 27, 1987,

The petitioner argues that rights to equality before law under Article 14 and not to be deprived of liberty except in accord with procedure established by law under Article 21 were rights conferred on all persons including foreigners. Read together with Article A (h) of the Constitution, it is the duty of all citizens all the more so of the Govt to promote humanism, rendered denial of visa to him as wholly illegal and unconstitutional.

No Procedure To Deny Visa

There was no procedure established by law regulating the issue or denial of visa and that entitled him to visit India the issue or denial of visa and that entitled him to visit India as other nonresidents of Indian origin. NRI was a well-established concept in Indian law mentioned in the Foreign Exchange Regulation Act giving them right to open accounts and set up in business.

The power to issue or deny visa even if it were held to be validly possessed by the Union has to be exercised in a quasijudical manner the persons adversely affected being informed of the reasons, and given an opportunity to explain and contradict the material against them, since the duty to act judicially had been held to be implicit in the power to decide to the Prejudice of a Person, by the Supreme court including his own case P.L Lakhanpal verus the Union of India in 1967 when the Supreme Court quashed his order of detention rendering every detention beyond six months without trial illegal throughout the country. Article 14 and 21 it is further submitted by the petitioner, rule out arbitrary and malafide exercise of power. There was no scope for punishing people for their views especially the NRIs as here.

The Union the petitioner further submits is duty bound to act expeditiously in deciding representations concerning exercise of con Situational rights under Article 14 and 21. Such decisions should be taken in a matter of weeks. The failure of the respondents to reverse the decision despite lapse of four months the petition is dated March 7 and despite repeated representations made in this regard by him was wholly illegal.

NRI’s Should Not Need Visas

The petitioner Lakhanpal, urges Delhi High Court to direct the Tespondents to take immediate measures to establish a procedure by law governing the exercise of power to issue or refuse visas, in a quasi-judicial power.

He also prays for declaration by the High Court that having regard to their special position in law and their relations and with India, nonresidents of Indian origin should be entitled to visit as of right without requirement of visa, their friends and relatives in India, denial of that being violate of ideal and spirit of humanism and the rle of law permitting the Indian Constitution and especially mentioned in Article 51 A (h).

The Swedish Foreign Minister, Sten Anderson, the petition discloses, expressed surprise and concern over the denial of visa to Lakhanpal when he was told about it.

Another disclosure made in the petition is that Lakhanpal through telephonic conversations with the Election Commission Secretary, Ganesham, persuaded him to order special revision of electoral rolls for election to nine Assembly. Legislatures in 1985.

The petition also details Lakhanpal’s well-known career in politics and journalism. Author of ten books Lakhanpal has to his credit six reported cases of Supreme Court, ten of High Courts and two of election Commission. His newspaper “Evening View” published without censor during Indira Gandhi from 197577 for eleven months up to June 1976.

Article extracted from this publication >>  May 19, 1989