Karnataka High Court Upholds 'Leave India' Notice for US Citizen Over Visa Violations
In a significant ruling, the Karnataka High Court has upheld a 'Leave India' notice issued to a United States national for breaching visa conditions. The court emphasized that foreign nationals entering India on a tourist visa must strictly adhere to the restrictions attached to that visa and cannot engage in business activities under any pretext.
Court's Directive and Dismissal of Petition
Justice Sachin Shankar Magadum, while dismissing the petition filed by American citizen Joseph Ignazzio Zambuto, directed him to comply with the notice and leave India immediately in accordance with the law. The petition challenged a notice dated February 19, 2026, issued under Section 7(2) of the Immigration and Foreigners Act-2025.
Petitioner's Claims: Zambuto argued that he had been granted a business visa valid until January 15, 2027, entitling him to remain in India. He stated that after marrying a Mauritius citizen of Indian origin, he departed India on January 15, 2026, and re-entered on January 26, 2026, with this business visa. Since his re-entry, he claimed to be residing in Kadugodi, Bengaluru, and engaging in business-related activities, such as meetings with stakeholders to establish a customer service centre. He contended that authorities erroneously stamped his visa as a tourist visa and that the 'Leave India' notice infringed upon his legitimate expectations, affecting his rights and contradicting India's economic policies.
Government's Counterarguments
Additional Solicitor General Aravind Kamath and Central Government Counsel Aditya Singh presented evidence that Zambuto entered India on August 1, 2025, on an e-tourist visa and subsequently engaged in commercial operations. These activities included:
- Entering into contracts
- Employing personnel
- Undertaking monetary transactions
These actions were carried out under the name of M/s Etta Global Partners LLC, a company registered in Puerto Rico, a US territory, with no registered office in India. The government argued that these acts constituted a clear breach of visa conditions, which prohibit any business, employment, or commercial activity on an e-tourist visa, leading to the issuance of the 'Leave India' notice.
Court's Observations and Legal Analysis
Justice Magadum noted that the petitioner's plea of legitimate expectation was wholly misconceived, as such expectations cannot override statutory restrictions or justify conduct in breach of visa conditions. The court found that during the validity of the e-tourist visa, Zambuto engaged in impermissible activities, including employing personnel, paying salaries, entering into contracts, and leasing premises for business operations.
Under Section 7(2) of the Immigration and Foreigners Act-2025, the competent authority is empowered to regulate a foreigner's stay and require departure in case of visa violations. The court held that the issuance of the 'Leave India' notice was in strict compliance with the Act, showing no arbitrariness, illegality, or procedural infirmity warranting interference under Article 226 of the Constitution of India. Consequently, the petition was dismissed, reinforcing the importance of adhering to visa regulations in India.
