No foreigner has the right to get a visa and in case of blacklisting of such a person, the authorities will decide on a visa plea on a case-to-case basis after the Centre serves them with the notice, the Supreme Court observed on Thursday.
A bench headed by Justice AM Khanwilkar 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.
The Centre, represented by solicitor general Tushar Mehta, said 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.
Senior advocate CU Singh, appearing for some of the foreign nationals, said that hundreds of foreigners have been blacklisted and they cannot apply for the visa for 10 years.
The bench, which also comprised Justices Abhay S Oka and CT Ravikumar, said, “Every time you apply, do you think the visa has to be granted to you? The answer is 'No'. It is for the government to decide. The visa is always a tenure visa...for one year or two years or some fixed period.”
The senior lawyer said that foreigners 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 is applicable to those also who have been discharged or acquitted by the courts in Tablighi jamaat congregation case during COVID-19 in 2020.
“We are only praying that the blanket ban that they cannot apply for an India visa for 10 years should be done away with,” Singh said.
”When you apply fresh it has to be considered as per the regulations applicable at the relevant time...the blacklisting should go automatically in cases where the accused have been discharged or acquitted and we will leave it to the authority to examine this on a case-to-case basis,” the bench observed.
The law officer said this will have ramifications and urged deferment of the hearing to Tuesday saying he was trying to find a solution that was allowed by the bench.
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.
He had 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.
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.
