Blacklisting Of Tablighi Jamaat Members: Supreme Court Suggests Petitioners To Make Individual Representations To Govt.

As regards the blacklisting of almost 3500 persons in connection with the Tablighi Jamaat congregation, the Supreme Court on Wednesday orally remarked that the petitioners may consider the government's suggestion to make a representation for individual cases for a re-think on their own merits, as there may be scope of a resolution as regards deserving cases if not all.On May 5, SG Tushar Mehta had told the Supreme Court that since 2003, Tablighi activities are prohibited in India, that the petitioners came on a tourist Visa and were found to be indulging in Tablighi activities and therefore, they are blacklisted. He submitted that it is the plenary power of the Executive to disallow one's continued presence in the country or to refuse entry, and that Article 14 and principles of administrative law, reasoned order, hearing are not applicable in cases of visa violations; that a person who entered the country on a tourist Visa or a particular type of visa and who the country believes has engaged in some other activities may not approach a judicial forum in that country. The SG prayed that the bench consider the principle, without looking at the facts of the instant case. He urged that there may be a myriad of situations- he gave the example of a person who enters the country as a tourist but is suspected to be a spy. "The nation has the power that henceforth we will not permit you", he submitted. The bench headed by Justice A. M. Khanwilkar had asked if this power can be exercised unilaterally. On the SG's request, the bench adjourned the hearing to Wednesday to enable the SG to place on record the relevant statutory provisions, the judgments and written submissions to develop the stand.On Wednesday, Senior Advocate C. U. Singh, for the petitioners, framed the proposition as follows- "Where a foreign national has been admitted to India on the basis of a valid visa, whether a blacklisting order or visa cancellation order could be issued without any intimation or enquiry or notice to that person. And whether, in such circumstances, where such a foreigner has entered India validly, Articles 14 and 21 would apply to any action taken against him"SG Tushar Mehta: "I have had a discussion. We do not place the visa manual and the blacklisting rules in public. Actually, many a times, when a visa application is received by the embassy, there are RAW inputs, IB inputs that he is a spy, that he has some other intention. Nonetheless, Visa is granted with full knowledge, he is put under surveillance so that we come to know who are the local people helping him. He is also permitted to go, he is not deported. He is blacklisted without informing him so that he doesn't convey to people here that I have been blacklisted and you be careful"SG: "There is a provision that he can make a representation for revocation of the blacklisting. But I would request your lordships that that should be the end of the matter. My submission is that petition per se is not maintainable. I have judgments to support that. Even the US Supreme Court says that this is one of the rare issues where it is plenary, executive power and the judiciary has refrained from touching. If the same thing the government of a sovereign nation does with a citizen, it would be completely unacceptable, but the yardstick would be different while dealing with a foreigner trying to enter your territory. If my friend wants, he can make a representation. But after that they cannot challenge it. Because ultimately, it (visa) is a privilege"SG: "Here, the people came on tourist Visa, they came in from different countries, they were found to be congregated at one place, prima facie it was the view of the authority that they are engaging in activities which are prohibited from 2003. Tablighi activities are prohibited in several parts of the world. Person coming in as a tourist and doing something else is the ground on which the visa is cancelled. Visa is granted for specific purposes. If I enter on a student visa, I cannot do any other activity- that is how it is world over. Blacklisting would mean that he will not be permitted to enter the country and that is the sovereign right of any sovereign country. Right to enter the country cannot be traced back to article 14 or article 21 but at the most to article 19 which is the right to move freely within the territory. For moving, you have to enter. So entry is an extension of moving about. Article 19 is only for citizens, there is no right of any foreigner to ensure that he is allowed to enter and move about freely"SG: "Tourist visa includes recreation, casual visit to meet friends or relatives, attending a short-term yoga programme, short duration medical treatment including treatment under Indian systems of medicine, short-term course on local languages etc"Justice Khanwilkar: "If you come for religious purposes, there is a separate missionary visa. And missionary is not limited to one religion, it is a generic term"Mr. Singh:...

Blacklisting Of Tablighi Jamaat Members: Supreme Court Suggests Petitioners To Make Individual Representations To Govt.

Mehal Jain

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