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New Delhi, Jun 29: The Supreme Court on Monday asked the Central government to find out the facts related to blacklisting and canceling of visas of foreign nationals who attended the congregation of Tablighi Jamaat in Nizamuddin area here.

A three-judge bench headed by Justice AM Khanwilkar and also comprising Justices Dinesh Maheshwari and Sanjiv Khanna asked the Centre to find out the facts related to the matter and fixed it for further hearing on July 2.

The apex court asked Solicitor General Tushar Mehta "if visas of these foreigners are canceled, then why are they still in India?"

"You (Centre) can deport them. If visas are not canceled, then, it is a different situation," the court said. The top court was hearing a number of petitions challenging blacklisting and cancellation of visas filed by few foreigners.

Mehta sought more time to file a reply on the matter, after which the court posted the matter for further hearing on July 2.

The petitions, filed by the foreign nationals from 35 countries, have sought directions to the Ministry of Home Affairs (MHA) to remove their names from the blacklist, reinstate their visas and facilitate their return to their respective countries.

The petitions sought to declare the decision of the MHA of blacklisting the foreign nationals who attended the Tablighi Jamaat congregation as "arbitrary".

"Unilateral blacklisting of 960 foreigners by the Home Ministry vide press release dated April 2, 2020, and the subsequent blacklisting of around 2500 foreigners as reported on June 4, 2020, is in violation of Article 21. Therefore, it is void and unconstitutional as the petitioners have neither been provided any hearing nor notice or intimation in this regard," the plea said.

One of the petitioners named Fareedah Cheema, a Thai national in the seventh month of her pregnancy, said she was quarantined in March, like other foreign nationals but was released from quarantine only in late May and is still at a facility under restricted movements, without the avenue to go back to her home nation and experience the birth of her child with security and dignity, with her loved ones.

These foreign nationals presently in India were blacklisted for a period of 10 years from traveling to India for their alleged involvement in Tablighi Jamaat activities.

The Home Ministry 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 COVID-19 spread, have been blacklisted.
A large congregation organised by Tablighi Jamaat in the national capital in March had emerged as a major COVID-19 hotspot in the country.

The government had said the decision of banning the foreign Tablighi Jamaat members was taken after details of foreigners found illegally living in mosques and religious places emerged from various states across the country.

May 30: A Delhi court on Saturday granted interim bail for 10 days to former municipal councillor from the Congress Ishrat Jahan, who has been booked under the stringent Unlawful Activities (Prevention) Act, to get married.

She has been booked under the anti-terror law in a case related to communal violence in northeast Delhi in February.

Additional Sessions Judge Dharmender Rana granted the interim relief from June 10 to June 19 to Jahan on furnishing two sureties of Rs 1 lakh.

The court directed her not to tamper with any evidence or influence the witnesses in the case.

According to the interim bail plea, filed through advocates S K Sharma and Lalit Valeecha, Jahan's marriage was fixed in 2018 for June 12, 2020.

The plea further said that Jahan would not tamper with any evidence or influence the witnesses if granted bail.

The petition, also filed through advocates Tushar Anand and Manu Prabhakar, claimed that Jahan has been falsely implicated in the case.

It alleged that upon bare perusal of the contents of the FIR, no incident of violence can be attributed to her and the wild and baseless allegations made against her were not only irresponsible and false, but also caused serious harm to her reputation.

Jahan, who is also an advocate, was only a supporter of ongoing peaceful protests and it was one of the fundamental rights of the citizens to protest and register their dissent against any unreasonable measure of the government, the plea said.

Besides Jahan, Jamia Millia Islamia University students Asif Iqbal Tanha, Gulfisha Khatoon, Jamia Coordination Committee members Safoora Zargar, Meeran Haider, president of Jamia Alumni Association Shifa-Ur-Rehman, suspended AAP councillor Tahir Hussain, activist Khalid Safi, JNU student Natasha Narwal and former student leader Umar Khalid have also been booked under the anti-terror law in the case.

The police had claimed in the FIR that Khalid and his associates had instigated people to start riots in the area and it was a "premeditated conspiracy".

Communal clashes had broken out in northeast Delhi on February 24 after violence between citizenship law supporters and protesters spiralled out of control, leaving at least 53 people dead and around 200 injured.