‘Entry into any country can never be fundamental right’
NEW DELHI: The Centre on Wednesday told the Supreme Court that entry into any sovereign country can never be an enforceable fundamental right and India has prohibited Tablighi activities since 2003.
The apex court 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.
Solicitor General Tushar Mehta, appearing for the Centre, told a bench headed by Justice A M Khanwilkar that the right to enter a sovereign country, contrary to the law of that nation, can never be traceable to Article 21 of the Constitution.
Arguing that the petitions per se are not maintainable, Mehta suggested that petitioners can make a representation to the authority for revocation of the blacklisting.
Let us see (Article) 21. Nobody can be deprived of his life or personal liberty except in accordance with the law. Right to enter a sovereign country, contrary to the law of that country, can never be traceable to Article 21, the solicitor general told the bench, also comprising Justices A S Oka and J B Pardiwala.
The bench said the petitioners have raised the point that they were not heard or given the opportunity of hearing before passing of blacklisting order against them.
The argument is, that this order was passed when they were in India and therefore, Article 21 was available to them. That is the argument, the bench said.
Mehta said Article 21 of the Constitution says that nobody
can be deprived of his life or personal liberty except in accordance with the procedure established by law. The right to remain in India contrary to the prohibition of the government can never be traceable to the right to life and personal liberty. Their personal liberty is not curtailed by blacklisting, he said during the arguments, which would continue on Thursday.
He said, since 2003, India has also prohibited Tablighi activities. Mehta said entry into any sovereign country can never be an enforceable fundamental right.
It said even if it sets aside the blacklisting order, the future visa application will depend on the prerogative and discretion exercised by the government.
That is a good offer made, it appears, it said, adding that if the petitioners will make representation to the authority, there may be a solution in the deserving cases.
The petitioners' counsel had argued that they 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.
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.