38.6c New Delhi, India, Friday, March 29, 2024
Judiciary

SC CALLS FOR TABLIGHI FOREIGNERS’ VISA STATUS TO BE CLARIFIED

By Tanurag Ghosh      02 July, 2020 05:21 PM      0 Comments
SC CALLS FOR TABLIGHI FOREIGNERS’ VISA STATUS TO BE CLARIFIED

On Monday, 29th June 2020, the Supreme Court has instructed the Ministry of Home Affairs (MHA) to clarify its position with respect to the status of visas of 2,500 people from 35 different countries. These foreign nationals are none other than the people who attended the Tablighi Jamaat conference in Delhi. The movement of Jamaat received widespread criticism throughout the country as many people traveled to remote parts of the country and tested positive for the virus, resulting in allegations of spreading the infection. 

The apex court bench hearing the matter comprised of Justice AM Khanwilkar, Justice Maheshwari, and Justice Sanjiv Khanna. It asked the union government to place on record whether individual notices have been issued regarding visa cancellation. The hearing took place through video-conferencing medium and has been postponed to 2nd July 2020 for further adjudication.

Solicitor General Tushar Mehta and Advocate Rajat Nair appeared on behalf of the Union government. They were told by the bench that the government should explain what these people are doing in Indian territory if their visa has been canceled. Advocate Nair said that copies of the petitions have not been served upon them and sought time to file a reply.

The matter has been taken up with the bench clubbing these petitions filed by foreign nationals. The court has clarified that cancellation of visa should be on a case to case basis by the Ministry of Home Affairs and is now seeking information regarding such actions taken by the aforementioned ministry. Appearing on behalf of the petitioners, Senior Advocate CU Singh pointed out that there was no individual consideration but a blanket ban by the ministry resulting in a problematic scenario for these people. Authorities have taken away their passports resulting in the subsequent loss of liberty and these non-citizens are forced to stay in institutions with limited liberty. 

Currently, the court’s point of view is that a press release was issued by the ministry which has no effect on the status of visas as for its cancellation, a subjective investigation should take place. On 26th June 2020, the court asked advocates of the petitioners to serve copies to union representatives. A total of 4 petitions have been filed challenging union’s orders dating 2nd April 2020 and 4th June 2020 which affect more than 2500 people. 

The petitions have been filed by Advocate FA Ayubbi and drafted by Advocates Ibad Mushtaq and Ashima Mandla. They contended that the ‘en-masse’ blacklisting of foreigners without any opportunity to defend themselves is a blatant violation of Article 21 of the Indian Constitution. The petition states that the immediate blacklisting, registration of FIRs which led to the forfeiture of passports resulted in complete deprivation of personal liberty without any procedure established by law.

It pointed out that the home countries of these foreigners are increasingly becoming worried and their embassies have started asking for their return repeatedly. The petitions seek to get the court to order the Ministry of Home Affairs to lift this ban along with reinstatement of visas and assistance in return by the Ministry of External Affairs.



Share this article:



Leave a feedback about this
TRENDING NEWS

arvind-kejriwals-plea-for-interim-release-rejected-by-delhi-high-court
Trending Judiciary
Arvind Kejriwal's plea for interim release rejected by Delhi High Court [Read Order]

Delhi High Court rejects Arvind Kejriwal's plea for interim release in money laundering case related to liquor policy scam, pending ED's response.

28 March, 2024 10:50 AM
youtuber-strings-plea-against-youtube-accounts-suspension-andhra-pradesh-hc-issues-notice-to-centre-google
Trending Top Stories
BREAKING: Youtuber String’s plea against Youtube accounts suspension: Andhra Pradesh HC issues notice to Centre, Google

Andhra Pradesh High Court issues notice to the Centre and Google LLC on Youtube journalist String’s plea against suspension of its accounts by Google (which owns Youtube).

28 March, 2024 11:26 AM

TOP STORIES

delhi-liquor-scam-court-remands-arvind-kejriwal-to-ed-custody-till-march-28-read-remand-application
Trending Judiciary
Delhi liquor scam: Court remands Arvind Kejriwal to ED custody till March 28 [Read Order]

Delhi liquor scam: Arvind Kejriwal remanded to ED custody till March 28. Court grants agency permission for interrogation in liquor policy case.

23 March, 2024 11:53 AM
sc-dismisses-centres-plea-for-review-of-judgment-directing-ed-to-furnish-written-grounds-of-arrest-to-pmla-accused
Trending Judiciary
SC dismisses Centre’s plea for review of judgment directing ED to furnish written grounds of arrest to PMLA accused [Read Order]

Supreme Court dismisses Centre's plea, upholds judgment mandating Enforcement Directorate to provide written grounds of arrest in PMLA cases.

23 March, 2024 03:14 PM
kerala-hc-to-hear-lesbian-couples-plea-against-forced-conversion-therapy-on-april-9
Trending Judiciary
Kerala HC to hear lesbian couple’s plea against forced conversion therapy on April 9

Kerala HC will hear a lesbian couple’s plea highlighting that one of them was subjected to forced conversion therapy.

23 March, 2024 03:30 PM
how-can-people-be-compelled-to-vote-madras-hc-asks
Trending Judiciary
“How can people be compelled to vote? Madras HC asks

“How can people be compelled to vote?”, the Madras HC queried in a plea asking employers in Tamil Nadu to demand proof from employees of having voted on polling day.

23 March, 2024 05:04 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email