The Supreme Court has declined a plea by a Pakistani national seeking extension of visa to stay in India, saying it is a call to be taken by the executive.
A bench headed by Justice Dipak Misra said it cannot allow the request of Syed Waseem Ur Rehman, a Sufi cleric, who had approached the apex court against a Bombay High Court order asking him and his wife to leave India.
"That (extension of visa) will be a call to be taken by the Executive. We cannot extend visa if the government is not doing it," the bench, also comprising Justices R Banumathi and Mohan M Shantanagoudar, said.
Rehman's lawyer had pleaded to the bench that the government be asked to take a "compassionate view" in the matter as there was no adverse report against him or his wife.
The counsel had also argued that since Rehman is practising Sufism, there is a threat to him in Pakistan.
The apex court did not accept the contentions and said it was for the government to take such a decision.
His counsel had also contended that Rehman should be granted time to make a representation before the government in the matter but the bench said, "We cannot allow it."
Solicitor General Ranjit Kumar, representing the Centre, opposed the plea and told the bench that the couple had given an undertaking before the high court that they would leave India.
The couple have been staying in India since October 2010.
The high court had dismissed their plea against last year's order of Mumbai's foreigner regional registration officer who had refused to extend their visa.