All blacklisted Tablighis can make representations to authorities: SC

The Supreme Court on Thursday said that all foreign nationals who had participated in the Tablighi Markaz, who have been blacklisted or their visas cancelled, can approach the authorities for permission to return to their countries. The pendency of the petitions by 34 foreigners belonging to 34 countries will be “no impediment for the petitioners to make representation to the department/competent authority for deporting/sending them back to their respective countries,” said a bench comprising Justice A.M. Khanwilkar, Justice Dinesh Maheshwari, and Justice Sanjiv Khanna.

The court further ordered that the representation by the foreign nationals, whose visas stand cancelled or have been blacklisted, would be “considered by the authority on its own merit and in accordance with law.”

The court direction assumes significance as solicitor general Tushar Mehta, in the course of the hearing, said that the right to return to their respective countries was not an enforceable right if proceedings for violating visa conditions or any other matter are pending.

Appearing for lead petitioner Maulana Ala Hadrami, C.U. Singh said, “We are on a larger issue. Please deport us. Allow us to go back to our countries.”

Contesting the affidavit, Mr Singh said that the government has not answered the basic point whether “show cause was issued” and whether they were “granted hearing” by the competent authority.