MHA’s Blacklisting Order: SC Adjourns Hearing on Foreigner’s Plea

A Supreme Court bench comprising Justices AM Khanwilkar & Sanjiv Khanna adjourned the plea challenging blacklisting of foreign nationals by the Ministry of Home Affairs for their involvement in Tablighi Jamaat activities at Delhi’s Nizammuddin Markaz in March. The plea has been adjourned by a week at the request of the Solicitor General.

On April 2, the Government had decided to blacklist 960 foreigners from 35 countries who were present in India. Orders were issued to Director Generals of Police (DGPs) of all States and Union Territories as well as the Commissioner of Delhi Police (CP) to register FIRs against such foreign nationals.

The foreign nationals contended that the decision was arbitrary and urged the Supreme Court to declare the decision as unconstitutional and void as it was in violation of principles of natural justice and of the Right to Life under Article 21.

The Centre in its reply had stated that there existed “no fundamental right on the part of a foreigner to obtain a visa or to continue a cancelled or rescinded visa”.

Senior Advocate Menaka Guruswamy stated that she had no objection to the adjournment and requested for a short date in the matter.

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