Centre to decide on deporting foreign Jamaat attendees: SC

NEWDELHI: Deportation of foreign nationals against whom criminal proceedings have been initiated for attending the Tablighi Jamaat congregation during mid-march in Delhi will be at the discretion of the central government, the Supreme Court orally observed on Thursday while granting liberty to such foreigners to make representation before the Centre to send them back to their home countries. The bench headed by justice AM Khanwilkar made the observation during the hearing of a plea by 34 foreign nationals from various countries, who have challenged revocation of their visas, stating they had not indulged in any serious offence and had attended the gathering before lockdown restrictions were put in place. The petitioners made a vehement appeal for their deportation.

“They cannot be deported if there are criminal cases pending (against them). It will be the central government’s discretion”, the bench, which also comprised justices Dinesh Maheshwari and Sanjiv Khanna, orally remarked.

In an affidavit submitted before the Supreme Court on Wednesday, the central government said that deportation and grant of visas cannot be claimed as a right and foreign nationals can be let go only after legal process under the criminal laws is completed. The Centre also pointed out that individual orders have been issued cancelling the visas of the foreign Tablighi Jamaat members.

It was submitted by the Centre that 205 FIRS have been filed against foreign Tablighi Jamaat members in 11 states and 2,765 foreigners have been blacklisted.

“Grant of visa is a sovereign function of the centre. There is no right to be deported. Deportation can be allowed if there is no criminal case. There are criminal charges pending against them,” solicitor general Tushar Mehta, representing the central government, told the court. The SC adjourned the matter for July 10 to enable the petitioners to file a rejoinder to the Centre’s affidavit.