Delhi High Court affirms immigration officers can detain visa holders for checks

A petition by an Indian national with a valid German business Schengen visa alleged that he faced repeated additional checks at both departure and arrival counters of Delhi’s Indira Gandhi International Airport. The Delhi High Court, presided over by Justice Amit Mahajan, held that under Section 3 of the Immigration and Foreigners Act, 2025, immigration officers are authorized to detain travelers for further questioning and security verification, even when a valid visa is presented.

The petitioner’s earlier visa had been cancelled, prompting the German Embassy to issue an alert prohibiting travel on that visa until October 31 2027, which the Centre’s counsel said remained in effect. The court noted that the authorities merely verified one outlet visa with the airline and allowed the petitioner to depart after examination. Concluding that the inconvenience did not constitute unlawful interference, the bench dismissed the case, stating the officials had not acted arbitrarily.