All blacklisted foreign nationals who were part of Tablighi Jamaat Markaz can make representations to authorities: Supreme Court

Solicitor General Tushar Mehta today informed the Supreme Court that the Centre had passed individual orders to cancel the visas of over 3,460 foreign nationals who had taken part in the Nizamuddin Tablighi Jamaat Markaz (Malana Ala Hadrami and ors v. UOI).

. The Bench of Justices AM Khanwilkar , Dinesh Maheshwari and Sanjiv Khanna was hearing a plea filed by 34 foreign nationals challenging the decision of the Ministry of Home Affairs (MHA) to blacklist over 3,000 of them from travelling to India for a period of 10 years.

. On June 29, the Court had observed that there was only a press release stating how these foreigners were blacklisted and that the Centre "owed an explanation" on whether there are official orders from a competent authority cancelling their visas.

."Centre owes us an explanation as to why these foreign nationals are in India" SC in plea against blacklisting of Tablighi Jamaat attendees. The Supreme Court has today ordered that all the petitioners will be permitted to make representations before concerned authorities. It noted that since the Centre has passed individual orders, the petitioners may challenge the same before concerned High Courts.

. However, objecting to this, SG Mehta submitted that the blacklisting of an individual was a "sovereign plenary function" and that most of these individuals face criminal charges.

He also submitted that "right of return" not an enforceable right.

. In response, Justice Khanwilkar stated that the Centre can make these submissions before the competent authority.

. Senior Advocate Chander Uday Singh , appearing for the petitioners, stated that the main issue here was of "right to return". He also submitted that none of the orders passed had mentioned anything about blacklisting the foreign nationals. Singh said,

. "They say case to case orders were passed. They say 1,506, emails were sent stating visa is cancelled. But no show cause notice was served. Moreover, these orders are not about blacklisting but only visa cancellation."

. Senior Advocate Dr Menaka Guruswamy submitted that the orders passed by the Centre against these foreign nationals were never sent to the petitioners.

. Justice Khanwilkar said to this,

"We will state that orders be shared with the advocates of the petitioners."

Thus, the Court ordered that all such orders to be sent to the counsel for the petitioners via email.

. The case has now been adjourned to July 10, by which the date the petitioners are required to file a rejoinder to the affidavit submitted by the Centre and also make representations before the competent authorities as regards deportation.

. In its affidavit, the Centre has argued that "participating in Tablighi Jamaat activities" was a serious violation provisions of the Visa Manual, 2019 and is also a criminal offence punishable under Sections 13 and 14 of the Foreigners Act, 1946.

. Thereby, the Bureau of Immigration under the MHA was directed to blacklist these individuals under Category A.

. 34 individuals from 34 different countries had approached the Supreme Court challenging the MHA order blacklisting over 2,500 foreign nationals for their alleged involvement in Tablighi Jamaat activities.

. The lead petition in the case is filed by French national Maulana Ala Hadrami, filed through Advocate-on-Record Fuzail Ahmed Ayyubi . It states that the act of MHA was "unilateral" in nature and that the principle of audi alteram partem was violated as the foreign nationals were not heard. Resultantly, the nationals could not travel back to their country of citizenship.

. "En masse blacklisting of the aforesaid more than 2500 foreigners of about 40 different nationalities, currently in India, without affording any opportunity to prima facie defend themselves, is an egregious and blatant violation of Article 21 of the Indian Constitution, " reads the petition.

. Hadrami states that like the other petitioners, he was quarantined in March 2020, and was released from quarantine only in late May. He is still at a facility and under restricted movements, without the option to go back to his home nation.

. The plea states that by a press release dated April 2, the government had blacklisted 960 foreign nationals in India and further on June 4, another 2,500 were blacklisted.

All blacklisted foreign nationals who were part of Tablighi Jamaat Markaz can make representations to authorities: Supreme Court

Debayan Roy

Related Stories