Visas of 2,679 of 2,765 foreign tablighis cancelled, Centre tells SC

NEW DELHI: The Union government has cancelled visas of 2,679 foreigners, majority from Bangladesh and Indonesia, for indulging in tablighi activities impermissible under the tourist visa granted to them and said that they will face criminal proceedings for endangering the lives of many during Covid-19 health emergency, the Supreme Court was informed on Thursday.
"Out of 2,765 cases of foreign tablighi Jamaat members, visas of 2,679, including nine Overseas Citizens of India cardholders, have been cancelled. Nepal nationals, numbering 47, do not hold visas. Visas of the remaining 39 are under process of cancellation," solicitor general Tushar Mehta told a bench of Justices A M Khanwilkar, Dinesh Maheshwari and Sanjiv Khanna.
"So far, no foreign tablighi jamaat member has been deported as criminal proceedings are going on against them for endangering many lives in the ongoing Covid-19 public health emergency," the ministry of home affairs said in the affidavit. What is worrisome is the Centre's admission that though the Tablighis Jamaat took place at Nizamuddin in March, the authorities have not yet been able to trace them.
"Petitioners and other persons are spread across various parts of the country, some of whom are still to be located. The execution of the orders (cancelling their visas) would take place at the time of exit of said foreigner at the port of exit," the Centre said. It also said that 227 foreign tablighi jamaat members had left India before issuance of lookout circulars against untraceable foreigner tablighis.
Responding to petitions filed by 34 foreign tablighis challenging alleged enmass cancellation of visa without following the principles of natural justice and seeking deportation to their home country, the Centre said grant of cancellation of visa is a sovereign function, powers under which could be exercised unilaterally, and that the courts have no jurisdiction to adjudicate the issue.
"Grant of visa is a plenary sovereign function of the central government and across the world the matters concerning non-grant, rejection or cancellation of visas are not justiciable. Grant of visa is not even an enforceable right, let alone a fundamental right and visa is a privilege that any country grants to a foreigner," the Centre said and contradicted the petitioners' claim by informing the court that individual visa cancellation orders have been passed.
Mehta said the Union government has unfettered discretion in matters concerning regulation of visa or deportation of foreigners, a power upheld by the Supreme Court in a judgment as far back as 1955 and followed consistently. "Visa is always subject to unilaterally imposed restrictions and remains terminable unilaterally in case of a breach. No right of hearing (principle of natural justice) can be read into cancellation of visa," the Centre said.