Tablighi Jamaat: SC asks Centre If Individual Orders of Visa Cancellation Were Issued Against Foreign Nationals

The Supreme Court on Monday asked the Centre if authorities have issued individual Orders for the cancellation of visas of foreigners who participated in Tablighi Jamaat congregation in Delhi in March allegedly in violation of visa conditions.The Court adjourned the plea moved by foreign nationals, who have challenged the Centre's order to blacklist them from travelling to India for ten years, after the parties made conflicting claims regarding serving of the petition copy.Senior advocate CU Singh, representing the petitioners, informed the Bench comprising of Justices AM Khanwilkar, Dinesh Maheshwari and Sanjiv Khanna that the Centre had been provided with a copy of the petition in compliance with the Court's Order of June 26. However, the office of the Solicitor General claimed that no such petition has been served. "A copy was served to AOR BV Balram Das", informed Singh.While adjourning the matter to July 2, the Court wished to determine whether or not decisions regarding cancellation of visas were taken on a case to case basis as per the MHA notification.Singh apprised the bench that the Order for blacklisting was a general note issued for 900 persons. He said that that the blacklisting order was very general and not specific. No individual notices were served on the parties, he added."The matter should be examined on a humanitarian ground also. If there is visa violation, you must send them back to their country. Their home countries are asking for them to be sent back, embassies are also enquiring about this", added the senior counsel.While asking the petitioners to await the Union's response, the Bench notably asked the Centre why these foreigners were still in India if their visas had been cancelled. The Court wanted to hear from the Solicitor General, as he eventually appeared on the screen. The Bench said:- "If visas of these foreigners are cancelled, why are they still in India? You deport them. Also, tell us if there was just a general direction or individual orders sent to each one of them informing about blacklisting and cancellation of Visa."On the previous hearing, the Supreme Court had asked the petitioners to serve a petition copy to the Union and State Governments, and without issuing formal notice, the Bench had sought a response from the Government.[Tablighi Jamaat] Foreigners Have 'Suffered Enough'; Have Right To Return To Their Native Country At The Earliest : Madras HC 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...

Tablighi Jamaat: SC asks Centre If Individual Orders of Visa Cancellation Were Issued Against Foreign Nationals

Nilashish Chaudhary

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