Foreign nationals from 35 countries, who participated in the Tablighi Jamaat congregation in Delhi’s Nizamuddin area have approached the Apex Court challenging their blacklisting by the Ministry of Home Affairs (MHA).
The pleas filed by them have sought direction for the MHA to remove their names from the blacklist & reinstate their visas.
The petitions, filed through Lawyers Fuzail Ahmad Ayyubi & Ashima Mandla, also sought directions to the Ministry of External Affairs to facilitate the foreigners to return to their respective countries.
One of the petitioners named Fareedah Cheema, a Thai national in the 7th month of her pregnancy, said she was quarantined in March, like other foreign nationals but was released from quarantine only in late May & is still at a facility under restricted movements, without the avenue to go back to her home nation & experience the birth of her child with security & dignity, with her loved ones.
The appeals sought to declare the decision of the Home Ministry of blacklisting the foreign nationals who attended the Tablighi Jamaat congregation as “arbitrary”.
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The plea said that “Unilateral blacklisting of 960 foreigners by the Home Ministry vide press release dated April 2, 2020, & the subsequent blacklisting of around 2500 foreigners as reported on June 4, 2020, is in violation of Article 21. Therefore, it is void & unconstitutional as the petitioners have neither been provided any hearing nor notice or intimation in this regard”.
These foreign nationals presently in India were blacklisted for a period of 10 years from travelling to India for their alleged involvement in Tablighi Jamaat activities.
The MHA had said that foreign Tablighi Jamaat members, who were staying in India in violation of visa rules during the nationwide lockdown implemented to combat the Coronavirus spread, have been blacklisted.
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The plea said that “The en masse blacklisting of foreigners, currently in India, without affording any opportunity to prima facie defend themselves, is an egregious & blatant violation of Article 21 of the Indian Constitution, in as much as this sudden blacklisting has, apart from registration of FIRs against such foreigners, led to the forfeiture of their passports by state authorities, thereby resulting in complete deprivation of their personal liberty sans procedure established by law”.
It said that Ministry’s decision has arbitrarily forfeited the personal liberty of foreign nationals who entered on valid tourist visas, by merely alleging their involvement in Tablighi Jamaat activities, despite the guidelines of the Centre placing no bar on attending religious congregations or visiting religious places.
The plea said that “The MHA baselessly & arbitrarily passed a blanket ban on the aggrieved foreign nationals under the garb of alleged visa violations pursuant to alleged Tablighi activities, forcing such persons to remain in India under restricted movements”.
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A large congregation organised by Tablighi Jamaat in Delhi in March had emerged as a major hotspot of Coronavirus in India.
The Govt had said the decision of banning the foreign Tablighi Jamaat members was taken after details of foreigners found illegally living in mosques & religious places emerged from various states across India.
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