New Delhi: No foreigner has the right to get a visa and in case of blacklisting of such a person, the authorities will decide on a visa plea on a case-to-case basis after the Centre serves them with the notice, the Supreme Court observed on Thursday.
A bench headed by Justice A M Khanwilkar was hearing the pleas, including those challenging the orders blacklisting several citizens of 35 countries from travelling to India for 10 years for alleged involvement in Tablighi Jamaat activities.
The Centre, represented by Solicitor General Tushar Mehta, said that the right to deny or grant a visa is the executive decision and the government is trying to find a solution so that the national interest and the interest of the foreigners are protected.
Senior advocate C U Singh, appearing for some of the foreign nationals, said that hundreds of foreigners have been blacklisted and they cannot apply for the visa for 10 years.
The bench, which also comprised Justices Abhay S Oka and C T Ravikumar, said Every time you apply, do you think the visa has to be granted to you? The answer is 'No'. It is for the government to decide. The visa is always a tenure visa...for one year or two years or some fixed period.
The senior lawyer said that foreigners have no dispute over India's right to reject or grant a visa and the problem was that of blacklisting which has been done for 10 years and is applicable to those also who have been discharged or acquitted by the courts in Tablighi jamaat congregation case during COVID-19 in 2020.
We are only praying that the blanket ban that they cannot apply for an India visa for 10 years should be done away with, Singh said.