Tablighi Jamaat Issue : Can Foreigners Violating Visa Conditions Approach Indian Courts? Solicitor General Urges Supreme Court To Consider

In the case relating to the blacklisting for foreigners for attending the Tablighi Jamaat conference in Delhi in March 2020 violating visa conditions, the Solicitor General urged the Supreme Court to consider the scope of the right of foreigners to approach the local courts if they violate visa conditions.

The bench of Justices AM Khanwilkar and CT Ravikumar was hearing a batch of petitions filed by foreign nationals challenging the Ministry of Home Affairs order blacklisting them for alleged participation in Tablighi Jamaat activities.

When the matter was called for hearing, Solicitor General Tushar Mehta requested the bench to lay down the law related to the right of foreigners. Contending that the law would have long lasting implications on the country, SG said,

"This was the matter of those who had come here as tablighi. I have filed my 3 page note. When a country issues a visa & there is violation of visa conditions what would be the scope of the right of Foreigners to approach the local courts. I have cited provisions in my written submissions. With the assistance your lordships can lay down the law which will have long lasting implications on the country."

The bench asked the Solicitor General to file the written submissions and posted the matter to April 8.

On January 24, 2022 the Top Court had agreed to consider the question related to the rights of foreigners with regards to visa restrictions in the second week of March, 2022.

Solicitor General Tushar Mehta had submitted that an important question related to the rights of foreigners with regards to visa restriction had arisen. Mr Mehta further submitted that there were judgements which say that these rights are sovereign statutory rights.

Requesting the bench to consider the same, he said, "In the main matter, we have never approached that they must go back. They have already gone back. An important question arises which is Right Of Foreigners With Regards To Visa Restriction. Your lordships' judgments say these are all sovereign statutory rights. Your lordships may have to consider the Passport (Entry Into India ) Act, 1920 Foreigners Act."

Acceding to SG's request, the bench in its order said, "As regards the main matter, a short question is involved which needs to be addressed expeditiously. We direct listing of the main matter in the 2nd week of March, 2022."

Case Title: Maulana Ala Hadrami & Ors v. Union of India and Anr| WP(Civil) 600/2020

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