Obtaining visa not a fundamental right of foreigners, Centre in Tablighi case
NEW DELHI: Foreigners do not have any fundamental right to obtain a visa or to continue a cancelled one, the Centre told the Supreme Court on Thursday, seeking dismissal of the pleas challenging the cancellation of visas of 2,765 foreign nationals and their blacklisting for involvement in Tablighi Jamaat activities. The grant of a visa is a plenary sovereign function of governments across the world and the matters concerning the non-grant, rejection or cancellation of visas are not justiciable, the Centre said. In its affidavit filed on a batch of pleas filed by foreign nationals of 34 countries, who were blacklisted for ten years from travelling to India and their visas were cancelled, the Centre said that individual orders were passed on case-to-case basis.
It is submitted that firstly, the individual orders have been passed by the competent authorities with regard to the cancellation of the visa, the blacklisting of individuals and the other steps taken in pursuance of the same, said the affidavit filed by Ministry of Home Affairs (MHA). The ministry said that out of total reported 2,765 cases of Foreign Tablighi Jamaat members, visas of 2,679 (including nine OCI card holders) have already been cancelled.
It said: 47 Foreign Tablighi Jamaat foreigners are Nepal nationals, who are not holding any visa. Visas of the remaining 39 cases are under process of cancellation. Out of these 39 cases, 18 visas were issued by Indian Missions and in 21 cases, the passport number provided by the originators were wrong/incomplete and the same has been sought from the originator.
The government said that since these foreigners are spread across various parts of the country, some of whom are still to be located, the execution of the visa cancellation and blacklisting orders would take place at the time at the port of exit. It is submitted that since the Petitioners and other persons have been found to be breaching the conditions of the visa granted to them, committing criminal offences, etc., the said persons are being investigated/prosecuted as the procedure established by law, it added.
The MHA said, Apart from violation of the visa conditions, the activities of the Petitioners in the nature of Tablighi activities in question have endangered many lives in the ongoing COVID 19 public health emergency and therefore, they are also liable for legal action.
The ministry said the cancellation of e-visa has been intimated to foreigners who were on e-visa, by e-mail but some foreigners on regular visa could not be intimated regarding cancellation of the visa as their e-mail IDS are not available with the Bureau of Immigration.
At the outset, it is submitted that the there exists no fundamental right on part of a foreigner to obtain a visa or to continue a cancelled or rescinded visa.