NEW DELHI: The Supreme Court on Monday asked ministry of home affairs to clarify its stand regarding the status of visa of spherical 2,500 citizens from 35 world places, who have been blacklisted for ten years for their alleged involvement in Tablighi Jamaat movements.
The best court docket docket asked the Centre to place on record whether or not or now not specific individual notices have been issued as regards to cancellation of visas of the world nationals.
A bench of Justices A M Khanwilkar, Dinesh Maheshwari and Sanjiv Khanna, which took up a batch of pleas filed by way of world nationals against their blacklisting for paying attention to via video conferencing, posted the topic for extra paying attention to on July 2.
The bench steered Solicitor General Tushar Mehta and counsel Rajat Nair appearing for Centre that if visas of the ones world nationals are cancelled then the government could have to give an explanation for why they are nevertheless proper right here in India but if their visas don’t seem to be cancelled then this can be a different state of affairs.
Nair, who initially appeared for the Centre mentioned that the copies of the ones petitions has no longer been served upon them, because of this reality they would like time to document solution.
Senior counsel C U Singh, appearing for the petitioners mentioned that they’ve served the copy of the petition upon counsel on record and added that blacklisting understand was once as soon as a commonplace order for over 900 folks.
The bench mentioned that the notification of Ministry of Home Affairs says the decision must be taken on case to case basis by way of the federal government and it should be discovered whether or not or now not this sort of orders have been passed.
Singh mentioned that there should no longer be any violation of visa norms, now their native world places want them once more and embassies are asking about them.
The bench mentioned then let the Union of India make a remark on the status of their visa and steered Mehta to decide whether or not or now not any individual orders have been passed for cancellation of visa of the ones world nationals.
At the outset, the bench asked Singh as when was once as soon as the order for cancellation of visa was once as soon as served upon them, to which he responded that it was once as soon as a commonplace order and no specific individual notices were given to them.
The bench mentioned its working out is that throughout each case separate order should be passed for cancelling the visa.
However, what is forward of the court docket docket is a press unencumber and no specific order, it mentioned.
Singh contended that as far as blacklisting or visa cancellation is anxious there was once as soon as no specific individual order was once as soon as served on any individual and even right through the paying attention to of bail programs forward of the High Courts, no such orders have been placed on record.
On June 26, the best possible court docket docket had asked advocates appearing for petitioners to serve the copy to Centre’s counsel.
Four petitions had been filed by way of 34 other folks, along side a Thai national who is seven months pregnant, tricky the Centre’s orders of April 2 and June 4 in which over 2,500 world nationals, who are at the present time in India, have been blacklisted.
“The impugned decision, by its very unilateral nature, infringes the principle of natural justice, particularly ‘audi alteram partem’ by blacklisting the said 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,” mentioned the plea filed by way of the Thai lady.
The petitions, filed via counsel Fuzail Ahmad Ayyubi and drafted by way of advocates Ibad Mushtaq and Ashima Mandla, have contended that the en-masse blacklisting of foreigners without any selection to protect themselves is a blatant violation of Article 21 (protection of life and personal liberty) of the Constitution.
They mentioned the sudden blacklisting, aside from for registration of FIRs, ended within the forfeiture of their passports by way of state executive, thereby main to an entire deprivation of their personal liberty sans procedure established by way of legislation.
“The impugned decision, therefore, has been passed arbitrarily against the aggrieved foreign nationals, being devoid of any documentary proof or evidence to substantiate the allegations of alleged Tablighi activities, and in the absence of any opportunity being afforded to defend or to explain, is an affront to not only the right to life and personal liberty, guaranteed under Article 21 but also to the rudimental principles of natural justice,” the Thai lady’s plea mentioned.
She has mentioned she was once as soon as introduced from quarantine in late May then again continues to be at a facility beneath restricted movements, without the road to go back to her nation and benefit from the get started of her child with protection and dignity, together with her members of the family.
“In barely 50 words, the impugned decision as reflected in the press release dated April 2, 2020 has arbitrarily first forfeited the personal liberty of more than 960 foreign nationals, belonging to 35 countries, presently in India, having entered on valid tourist visas, by merely alleging their involvement in ‘Tablighi Jamaat Activities’ despite the guidelines of the Respondent No.1 (MHA) placing no bar on attending religious congregations or visiting religious places,” it mentioned.
“The Respondent No.1 (MHA) baselessly and arbitrarily passed a blanket ban on the aggrieved foreign nationals under the garb of alleged visa violations pursuant to alleged Tablighi activities, forcing such persons to remain in India under restricted movements,” it mentioned.
It has sought route to MHA and ministry of external affairs to remove the mentioned foreigners from the blacklist and reinstate their visas and facilitate their return to their world places.
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