By PTI
NEW DELHI: The Supreme Court Thursday directed the authorities to examine future applications for a grant of visa to be filed by those foreigners, who were blacklisted from travelling to India for 10 years for alleged involvement in Tablighi Jamaat activities, on a case-to-case basis in accordance with the law.
The apex court was hearing the pleas, including those challenging the orders blacklisting several citizens of 35 countries from travelling to India for 10 years for alleged involvement in Tablighi Jamaat activities.
A bench headed by Justice A M Khanwilkar noted that solicitor general Tushar Mehta, appearing for the Centre, has in “all fairness” submitted that separate blacklisting order has not been served on the petitioners or similarly placed persons.
“In that view of the matter, we direct the concerned authorities to examine the future applications for grant of visa to be made by the petitioners or similarly placed persons on a case-to-case basis in accordance with the law, uninfluenced by the stand taken by the respondents in the reply affidavit filed before this court,” the bench, which also comprised Justices A S Oka and J B Pardiwala, said.
The top court said that while considering such applications, it would be open to the authorities to take into account all aspects of the matter as may be permissible in law.
The bench observed that though several questions of law were raised before it by both sides, “we do not wish to dilate on those matters in the peculiar facts of the present case inasmuch as the petitioners before us have already left India consequent to cancellation of visa”.
It said the only issue which remains is about the blacklisting order passed by the concerned authorities, as stated in the reply affidavit filed earlier before the court on behalf of the Union of India.
The bench observed that the petitioners’ have said that no blacklisting order has been served on them or other similarly placed persons.
It noted that the reply affidavit refers to the factum of issuance of blacklisting order, but such order has not been produced on record before the court.
“The affidavit filed by the respondents does indicate that individual orders of blacklisting have been passed and would be served on the concerned persons at the time of their exit from India,” it noted.
The bench said the case of the petitioners is that the order has not been served on them at the time of exit or otherwise.
In its order, the bench made it clear that it is not dilating on the questions agitated before the court by both sides, including on the maintainability of the petitions.
The Centre had on Wednesday argued that the petitions per se are “not maintainable” and entry into any sovereign country can never be an enforceable fundamental right.
Mehta had said that the right to enter a sovereign country, contrary to the law of that nation, can never be traceable to Article 21 of the Constitution.
He had suggested that petitioners can make a representation to the authority.
Mehta had argued that Tablighi activity is prohibited by several countries in various parts of the world and since 2003, India has also prohibited this.
The Centre had earlier told the apex court that the right to deny or grant a visa is the executive decision and the government is trying to find a solution so that the national interest and the interest of the foreigners are protected.
The petitioners’ counsel had argued that they have no dispute over India’s right to reject or grant a visa and the problem was that of blacklisting which has been done for 10 years and applies to those also who have been discharged or acquitted by the courts in Tablighi Jamaat congregation case during COVID-19 in 2020.
Earlier, the Centre had requested the bench to examine the question regarding the scope of the rights of a foreign national to approach the local courts in a matter of violation of visa conditions.
In January this year, the solicitor general had told the bench that a very important “constitutional question” arises for consideration which relates to the rights of a foreigner concerning visa restrictions.
The apex court was hearing pleas filed by several foreigners who have challenged the Centre’s orders blacklisting more than 2,700 citizens of 35 countries from travelling to India for 10 years for alleged involvement in Tablighi Jamaat activities.
The Centre had earlier sought dismissal of the pleas and informed the top court in July 2020 that it had issued individual orders on a case-to-case basis for cancellation of visas and blacklisting of 2,765 foreign nationals.
As per the information available, 205 FIRs have been lodged against the foreign Tablighi Jamaat members by 11 states and 2,765 such foreigners have been blacklisted so far, the Centre had said in its affidavit filed earlier in the top court.
Some of the petitions have contended that en-masse blacklisting of foreigners without any opportunity to defend themselves is a blatant violation of Article 21 (protection of life and personal liberty) of the Constitution.
