[Blacklisting Tablighi Jamaat Members] 'Can You Blacklist People Without Notice?': Supreme Court Asks Centre

As regards the blacklisting of almost 3500 persons in connection with the Tablighi Jamaat congregation, SG Tushar Mehta on Thursday 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 of Justices A. M. Khanwilkar, A. S. Oka and C. T. Ravikumar 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.The Court-room exchange as it transpired on Thursday is as follows-SG: "This may need hearing. I have examined it. Here, the decision was taken on individual basis and not en masse. Since 2003, Tablighi activities are prohibited in India. They came on a tourist Visa and they were found to be doing Tablighi activities and therefore they are blacklisted. They would never get visa. We received information that there are certain spies who may enter India. Visa is a privilege which one country grants to a foreigner. There is no article 14, there is no article 19- the only thing is that if you are getting visa and if you are in India, then Article 21 rights are the only rights which are available to you. Principles like administrative law, reasoned order, hearing are not applicable in case of visa violations. That is the law. There are some judgments and statutory provisions which I wish to show to your lordships- this being the plenary power of the Executive, permitting somebody's entry and not continuing his presence."Justice Khanwilkar: "Yes, Visa is a privilege. You don't get it as a matter of right. But the issue is that no prior notice was given and the visa was cancelled unilaterally. That is the only issue which arises at present. That they can convince the authorities that we were not part of the blacklisting activities. On that, if there is a settled position that no notice is required, then it is a different matter. There are two situations- If they come as a group and you cancel the visa of all those persons who came as a group, that is atleast understandable that no individual notice is given, notice is given only to the leader of the group and action is taken. But if they came individually at separate points of time and from separate areas also, you need to give opportunity on a case to case basis?"SG: "Your Lordships may have a different view after going through our submissions"Justice Khanwilkar: "But the person must have the opportunity to show, 'I was not part of that activity, you get that impression from where'..."SG: "For the time being, for your lordships to decide the principle, your lordships may ignore Tablighi activities. They came from different parts, settled at one particular part, from 2003 onwards this activity itself is banned..."Justice Khanwilkar: "Can you blacklist without giving notice? Show us the judgment on that?"SG: "There is no direct judgment on that. I will have to develop that point"Justice Khanwilkar: "It seems to be doubtful proposition"SG: "(The opposite side) may laugh it out. But as a nation, it is a serious proposition. As a principle, if you enter and if you commit something like this..."Justice Khanwilkar: "That, you are absolutely right. Somebody wanting to come for spying, if you have information that his purpose of visit to India is as a spy, you may refuse visa. But once you have given visa, he enters and then you unilaterally blacklist. Is he not entitled to an opportunity that at least give me a chance to explain? That is the only thing which requires examination. We are not on cancellation for the time being. But blacklisting is..."SG: "Blacklisting means that for 10 years you cannot enter my country. That the country has decided. That is the meaning of the plenary power"Justice Khanwilkar: "You have given him visa, but without notice to him, you have cancelled it and now blacklisted..."SG: "Visa is a permission to enter a particular country of which you are not a citizen. If I go to US embassy or any other embassy, they ...

[Blacklisting Tablighi Jamaat Members] 'Can You Blacklist People Without Notice?': Supreme Court Asks Centre

Mehal Jain

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