Foreign Nationals Move SC Against MHA Order Blacklisting Them For Alleged Involvement in 'Tablighi Activities' [Read Petition]

Seven foreign nationals, aggrieved by the decision of the Ministry of Home Affairs (MHA) to blacklist foreigners from different countries for their alleged involvement in 'Tablighi Jamaat Activities', have approached Supreme Court challenging the constitutionality of the move. On April 2, the Press Information Bureau (PIB) communicated the government's decision to blacklist as many as 960 foreigners from 35 countries who were present in India. At the same time, orders were issued to Director Generals of Police (DGPs) of all States and Union Territories as well as the Commissioner of Delhi Police (CP) to register FIRs against such foreign nationals. The petitioners also inform that subsequent to this decision, on April 4, the Government further blacklisted around 2500 foreigners, present in India, from travelling to India for a period of 10 years, but there has been no press release regarding the same. Contending that the decision has been taken unilaterally and arbitrarily, the Petitioners urge the Top Court to declare the decision as unconstitutional and thus, void. It is emphasised that a decision of en masse blacklisting without issuing notice or giving a chance to be heard is a blatant violation of not only principles of natural justice, but also the Right to Life under Article 21. "The impugned decision, by its very unilateral nature, infringes the principle of natural justice, particularly, audi alteram partem by blacklisting the aforementioned foreigners present in India without first granting an opportunity of being heard or notice of any form, and resultantly depriving the aggrieved foreign nationals of their right of locomotion and travelling back to the country of their citizenship." The petitioners, all of whom have been blacklisted, submit that not only has the sudden decision led to FIRs being registered against them but has also resulted in them having to forfeit their passports to the State Administration. This, they contend, is a complete deprivation of personal liberty, without following procedure established under law. One of the petitioners, it is informed, is in the seventh month of her pregnancy. She was quarantined in March and, after being released in May, continues to be in a facility with restricted movement, which denies her the opportunity to go home and give birth in comfortable surroundings with dignity and security. The entire contention of the petitioners is that the Government "baselessly and arbitrarily passed a blanket ban on the aggrieved foreign nationals under the garb of alleged visa violations pursuant to alleged Tabligh activities, forcing such persons to remain in India under restricted movements… …on a mere blanket presumption without any substantiation that they violated the conditions of their validly granted visas, under relevant sections of the Foreigners Act, 1946 and Disaster Management Act, 2005." In furtherance of this contention, it is pointed out that the decision is based on the presumption of involvement in 'tablighi activities', but nowhere is it defined how these activities were prohibited or what led to the violation of conditions of validly granted visas. Referring to the "General Policy Guidelines relating to Indian Visa", as made available by MHA, it is pointed out that there is no restriction on foreigners visiting religious places or attending normal religious activities. The restrictions however are regarding engaging in tabligh work or preaching religious ideologies, making religious speeches or proselytizing. Further referring to MHA's Press Release from March 31, it is pointed out that the Government stated the following:- "Devout Muslims from across the country and also from foreign countries visit the Markaz for religious purpose. …This is a continuous process throughout the year. …Since March 23, lockdown has been strictly imposed by State authorities/Police across Delhi including in and around Nizamuddin and Tabligh work came to a halt." This, assert the petitioners, shows that Muslims from all over visit the Tablighi Jamaat Headquarters, and since March, all Tabligh work had come to a halt on account of the nationwide lockdown. Thus, it is submitted that:- "…even as per the understanding of the MHA with regard to 'Tabligh Activities', what has been prohibited are only acts falling under the category of preaching religious ideologies, making speeches in religious places, proselytization, distribution of audio or visual display/ pamphlets pertaining to religious ideologies, however, there is neither any prohibition in visiting a religious place and attending normal religious activities nor can such an act be said to have constituted a violation of the visa conditions, thereby attracting the arbitrary and unilateral decision of en masse blacklisting of visas validly granted, depriving the fundamental right of personal liberty ...

Foreign Nationals Move SC Against MHA Order Blacklisting Them For Alleged Involvement in 'Tablighi Activities' [Read Petition]

Nilashish Chaudhary

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