Karnataka High Court upholds 'Leave India Notice' to US national for breach of visa conditions

Bengaluru: The Karnataka High Court has dismissed the petition filed by a US citizen challenging the "Leave India Notice" issued to him for breach of visa conditions.

“A foreign national entering India on a tourist visa is bound by the limitations inherent to such visa and cannot, under the guise of subsequent arrangements, undertake business activities in violation of law. The petitioner is directed to comply with the impugned notice and exit India forthwith, in accordance with law,” Justice Sachin Shankar Magadum said while dismissing the petition filed by Joseph Ignazzio Zambuto.

The petitioner contended that he had initially entered India in August 2025 and departed the country in January 2026. It was submitted that he married a Mauritius citizen of Indian origin and re-entered India on January 26, 2026, on a business visa valid till January 15, 2027. He challenged the February 19, 2026, 'Leave India Notice' claiming that it is wholly bereft of reasons and does not disclose any material. The petitioner stated that such action militates against India’s long-cherished civilisational ethos in the principle of “Vasudhaiva Kutumbakam”.

On the other hand, Aravind Kamath, Additional Solicitor General, and Aditya Singh, representing the union government, submitted that the petitioner had entered on a e-tourist visa and indulged in commercial activities, such as entering into contracts, employing personnel, and affecting monetary transactions. These transactions were carried out in the name - “Etta Global Partners LLC”, a company stated to be registered in Puerto Rico, a territory of the United States. The company does not have any registered office in India, it was submitted.

Justice Magadum noted that the plea of legitimate expectation advanced by the petitioner is wholly misconceived as the same cannot override statutory restrictions or justify conduct in breach of visa conditions. “In the present case, the admitted factual position, fortified by documentary evidence, establishes that the petitioner, while holding an e-tourist visa, has engaged in business and commercial activities in clear contravention of the statutory framework. It is in this background that the respondent–authority has invoked its powers under Section 7(2) read with Section 72C of the Immigration and Foreigners Act, 2025 and has issued the impugned “Leave India Notice”.

"This court finds that the said action is in strict conformity with the provisions of the Act, 2025 and does not suffer from any arbitrariness, illegality, or procedural infirmity warranting interference under Article 226 of the Constitution of India,” the court said.