SC to hear in March issue raised in pleas against blacklisting of several citizens of 35 countries

  • | Monday | 24th January, 2022

New Delhi, Jan 24 (PTI) The Supreme Court Monday said it would hear in March the issue raised in the pleas challenging the orders blacklisting several citizens of 35 countries from travelling to India for 10 years for alleged involvement in Tablighi Jamaat activities, after the Centre said an important question arises for consideration in these matters.Solicitor General Tushar Mehta told a bench of Justices A M Khanwilkar and C T Ravikumar that a very important “Constitutional question” arises for consideration which relates to rights of a foreigner with respect to visa restrictions.Mehta said the court may have to consider four legislations -- The Passport (Entry into India) Act, The Foreigners Act, The Registration of Foreigners Act and the Citizenship Act -- while considering the issue.“As regards the main matter, as short and important question is involved which needs to be addressed expeditiously, we direct listing of the main matters in second week of March,” the bench said.The top court also dealt with an application, filed by a 24-year-old Malaysian national who was seeking a direction for disposal of his plea which seeks quashing of a criminal case lodged against him in Bihar and is pending before the Patna High Court.Advocate Shoeb Alam, appearing for the applicant, told the bench that the apex court had in March last year directed expeditious disposal of petitions seeking quashing of the case in the high court.Alam said the Centre had repeatedly sought time before the high court to file counter affidavit on the applicant’s plea.The bench noted that grievance made in the application is limited to “no progress” being made in the hearing on the writ petition pending before the high court despite the hope expressed by the apex court in previous order in this regard.“Instead of making any observation in that regard in this order, we deem it appropriate to dispose of this application with a liberty to the applicant to invite the attention of the Chief Justice of the Patna High Court for ensuring expeditious hearing of the writ petition in terms of order...passed by this court,” the bench said.In his application filed through advocate Fauzia Shakil, the applicant said he had come to India on March 7, 2020 and in April 2020, an FIR was lodged against him and others at Bihar’s Kishanganj.The apex court is seized of 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 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. PTI ABA SA


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