No question of deporting Tablighis till criminal cases exist, SC told

New Delhi : The Centre on Thursday informed the Supreme Court that the Home Secretary has written to chief secretaries of all states/ Union Territories requesting the foreign nationals, found involved in Tablighi activities on tourist visa, should not be immediately deported to their countries after their quarantine is over, as criminal cases exist against them.

In its counter affidavit, the Centre said: "Apart from violation of the visa conditions, the activities of the petitioners (foreign nationals) in the nature of Tablighi activities in question have endangered many lives in the ongoing COVID-19 public health emergency and therefore, they are liable for legal action."

The Centre also informed the apex court that there exists no fundamental right on part of a foreigner to obtain a visa or to continue a cancelled or rescinded visa. And, apart from visa violations, the foreign Tablighi Jamaat members also endangered many lives in the ongoing COVID-19 public health emergency.

The Centre submitted that the petitioners (foreign nationals) cannot claim a fundamental right to travel to the country as fundamental right, and it has unfettered discretion in matters concerning regulation of visa or deportation of foreigners.

The Centre told the apex court that since foreigners have violated many provisions under various Acts, therefore it had requested states not to immediately deport them to their countries after the quarantine period is over, as appropriate punitive action may be taken in the matter.

A bench comprising Justices A.M. Khanwilkar, Dinesh Maheshwari and Sanjiv Khanna took on record Centre's affidavit.