Plea Against Blacklisting Of Foreign Tablighi Jamaat Attendees: Centre In Supreme Court Seeks Time To Work On Resolution

As regards the blacklisting of almost 3500 persons in connection with the Tablighi Jamaat congregation, the Supreme Court on Wednesday was told by ASG K. M. Nataraj that the concerned authority is still working on the resolution for which another one week's time is required.On April 21, the Court had orally suggested that since the UOI's affidavit expressly stated that they will serve the blacklisting order at the concerned port of exit, but the petitioners insist that no such order has been served, the Court may record that since the same has not been served, the government has not given effect to this observation. "We will say that in future, if they decide to blacklist, they have to serve you notice and give you prior opportunity. Then you have a cause. If there is no blacklisting order served on you, there is no blacklisting order in place…We may say that no order is served so there is no order…"At this, SG Tushar Mehta had prayed that the bench may not make any observations as of now as anything that is to fall from the Court would have wide ramifications. Stating that he cannot respond to the Court's suggestions immediately, the SG had sought for time.He had urged, "Whenever a foreigner comes, the question as to whether visa is granted, not granted, curtailed, is an Executive decision". The SG had pressed, "This is not a case of few individuals. This would be a case which will govern all illegal foreigners whose visa is affected by some Executive order. Your Lordships' one word, if Your Lordships say 'serve it (the blacklisting order) and thereafter they can challenge' will also have ramifications. Let me find a solution so that your lordships are not required to go into legal issues and the problem is also resolved, and as a nation, our country does not suffer any ramifications which are not intended"The bench had then listed the matter for April 26 which then was adjourned to Wednesday.On Wednesday, the bench of Justices A. M. Khanwilkar, A. S. Oka, C. T. Ravikumar passed the following order- "ASG K.M. Nataraj, on instructions, submits that the concerned authority is still working on the proposal suggested on the previous date of hearing, for which another one week's time is required. As prayed, list these matters on May 5, 2022."What transpired in the Court on April 21Senior Advocates C. U. Singh and Maneka Guruswamy had raised the issue of the "en masse and omnibus" blacklisting of about 960 persons in the first instance and another 2500 subsequent thereto for "alleged involvement in tablighi activities while on tourist visa".Dr. Guruswamy: "Everybody has returned home, almost everybody has been discharged of all offences. Your lordships and the Union of India facilitated their return. The issue that remains if at all is the issue of blacklisting. The blacklisting is arbitrary, you cannot have such a unilateral, blanket exclusion of a person. It is has been held that if I am blacklisted, then I have the right to be heard under article 21"Mr. Singh: "We entered India under a valid visa and on the date of the purported blacklisting, we had valid visa"Justice Khanwilkar: "They have been blacklisted only because there was a valid visa. Blacklisting is on a valid visa?"Mr. Singh: "No, Your Lordships, there is a cancellation. Blacklisting is that for the next 10 years you cannot enter India"Justice Khanwilkar: "You have the right to enter India every time? Article 21 will operate when you are in India, not when you are outside of India. When you go back, there is requirement of requesting visa again. Can you take mandatory injunction from this court that whenever you apply, visa should be granted? The answer is 'no'. When Visa is issued, it is always tenured- it is one year, two years or for a particular purpose"Mr. Singh: "We are only praying that this blacklisting must go, and on merits, let them consider. These are very poor people who come here only for religious learning, they are not preaching"Justice Khanwilkar: "Now that you have gone back, there is a need to apply afresh. When you apply afresh, it will have to be considered as per the extant regulations applicable at the current time, it cannot be done in anticipation. Therefore, at the relevant time, whatever the applicable regulations are, that will take care of you. So far as blacklisting is concerned, Visa was otherwise valid, it can now not be utilised.Mr. Singh: "Our contention is not that we have a right to get visa. As and when a person applies for visa, every sovereign country including India, without any right of hearing or intimation or opportunity or justification, has the right to refuse it. But it was open to them to apply. Today, what has happened is because of the presumptive order, in a case where all of them have been discharged and acquitted and so that presumption has been completely demolished, they cannot apply for visa"Justice Khanwilkar: "We will leave it to the authorities to investigate on a case to case...

Plea Against Blacklisting Of Foreign Tablighi Jamaat Attendees: Centre In Supreme Court Seeks Time To Work On Resolution

Mehal Jain

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