No Prescribed Form? Kerala High Court Allows Afghan National To Seek Compounding Under Immigration & Foreigners Act Via Email
The Kerala High Court has recently (11 June) directed immigration authorities to process an Afghan national's application for compounding of offences under the Immigration and Foreigners Act, 2025, holding that the absence of a prescribed application form cannot prevent consideration of such a request. [2026 LiveLaw (Ker) 334]Justice G. Girish passed the order in a writ petition filed by...
The Kerala High Court has recently (11 June) directed immigration authorities to process an Afghan national's application for compounding of offences under the Immigration and Foreigners Act, 2025, holding that the absence of a prescribed application form cannot prevent consideration of such a request. [2026 LiveLaw (Ker) 334]
Justice G. Girish passed the order in a writ petition filed by the Afghan national currently detained at the Detention Centre (Transit Home) in Kollam.
The petitioner sought directions to the Foreigners Regional Registration Officer (FRRO) and other authorities to accept and decide his application for compounding offences under Section 25 of the Immigration and Foreigners Act, 2025.
The petitioner contended that although Section 25 of the 2025 Act permits compounding of certain immigration-related offences, no statutory form had been prescribed for submitting such an application.
The petitioner also informed the Court that he had already remained in detention for more than three years and sought expedited consideration of his request.
During the hearing, the Deputy Solicitor General of India, appearing for the FRRO and the Ministry of Home Affairs, informed the Court that the benefit of Section 25 of the Immigration and Foreigners Act, 2025 was available to the petitioner. It was further submitted that the offence could be compounded upon payment of the prescribed amount specified in a Ministry of Home Affairs notification dated September 1, 2025, and that the petitioner could submit an application through a duly signed representation or through his legal representative.
The High Court thus directed the petitioner to submit a detailed application by email along with payment of the prescribed compounding fee. The Court further ordered the authorities to process the application and take a decision within two weeks of receiving it.
The Court also directed that the authorities must promptly intimate the jurisdictional Magistrate if the offence is compounded. The petitioner must obtain the necessary travel documents and comply with related requirements. Upon fulfilment of all statutory requirements, the Magistrate shall pass appropriate orders under Section 25(5) of the Act and discharge the petitioner from the offence.
Case Title: Ahmad Nasir Osmani v State of Kerala and Ors.
Case No: WP(Crl.) 1405/ 2025
Citation: 2026 LiveLaw (Ker) 334
Counsel for Petitioner: Niharika Hema Raj
Counsel for Respondent: O.M Shalina (DSGI)